Hunter v. State

Citations

• 29 Fla. 486

Syllabus

<p>ASSAULT WITH INTENT TO RAPE — INTENT GRAVAMEN OP CHARGE-EVIDENCE.</p> <p>1. The gravamen of the offense in an indictment charging an assault with intent to rape is the intent with which the assault was made ; and. this question of intent, throughout the instructions of the court, should be kept prominently before the minds of the jury as being the main subject of their inquiry ; and if there be a reasonable doubt as to the intent, such doubt necessitates an acquittal.</p> <p>2. Tne intent 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>3. The manner, time, place, surroundings and circumstances under which such an assault is made, and the want of opportunity to consummate the crime, are subjects of material consideration upon the question of intent.</p> <p>4. The jury being the sole and exolusivej'judges of the weight and credibility to be given to any and all evidence, have the right to disbelieve the evidence of an interested witness solely on the ground of interest.</p>