People v. Fleming

Citations

• 94 Cal. 308
• 29 P. 647
• 1892 Cal. LEXIS 679

Syllabus

<p>Criminal Law — Assault with Intent to Rape—Evidence op Prosecuting Witness — Prima Facie Case. — A conviction of an assault with intent to commit rape will be sustained upon the evidence of the prosecuting witness alone, if it is sufficient to prove such crime; but if the evidence of the prosecuting witness does not establish a prima facie case, and there is no other evidence against the defendant, a judgment of conviction will be reversed.</p> <p>Id.—Measure of Proof Required — Intent to Commit Rape at All Events. —- In order to find a defendant guilty of an assault with intent to commit rape, the assault must have been made with an intent to perpetrate the crime at all events, notwithstanding all possible resistance that could be made by the prosecutrix.</p> <p>Id. — Attempt to Seduce — Absence of Force. — Where the evidence shows that the defendant sought to accomplish the purpose of seduction by promises, persuasions, and arguments, without threats of violence, and that he voluntarily left the bed of the prosecutrix and retired to an adjoining room, where he passed the remainder of the night, at the very moment when, according to the statement of the prosecutrix, she was exhausted, and her refusals and opposition had ceased, a judgment of conviction of an assault with intent to commit rape will be reversed, as not sustained by the evidence.</p>