Dannelly v. State

Citations

• 80 Fla. 773

Syllabus

<p>CRIMINAL LAW — ASSAULT WITH INTENT TO COMMIT RAPE — GRAVAMEN OF THE CRIME IS THE: INTENT WITH WHICH THE ASSAULT IS MADE — VOLUNTARY DESISTENCE FROM THE ASSAULT BEFORE CONSUMMATION, WITHOUT OUTSIDE INTERFERENCE AND WITH NO UNUSUAL RESISTANCE ON THE FEMALE’S PART PREVENTS CONVICTION.</p> <p>1. The gravamen of the crime of assault with intent to commit rape is the intent with which the assault is made. The in- ' tent in such cases must be shown by the State to have so possessed the accused that his determination was to consummate the rape, regardless of resistance and want of consent.</p> <p>2. A conviction of the crime of assault with intent to rape will not be sustained upon proof that the assailant voluntarily-desisted before consummation, without any outside interference; and with no unusual resistance on the female’s part.</p> <p>3. Where the testimony shows that a series of indecent assaults were made, but not with the necessary intent to commit rape by force and without the female’s consent, but rather with the intent to induce her consent, and on being convinced that he cannot obtain such consent the defendant voluntarily desists from his attempts without any outside interference, and without any unusual resistance on the female’s part, there can be no legal conviction.</p>