Sigerella v. State

Citations

• 24 Del. 157
• 1 Boyce 157
• 74 A. 1081
• 1910 Del. LEXIS 13

Syllabus

<p>Rape—Using Female under Eighteen Years of Age—Statutes— Repeal—Election by State as to Crime—Elements of Rape— Petit Jury for Several Courts; Summoning—Irregularity—Attendance—“Day Assigned” for Court of Oyer and Terminer—Evdience.</p> <p>1. Section 10, Chapter 127, Revised Code, (1893) page 924, making rape, or the carnal knowledge and abuse of a female child under the age of seven years, a felony, is not impliedly repealed by Chapter 686, Volume. 18, Laws of Delaware, page 951 as amended by Chapter 127, Volume 20,. Laws of Delaware, page 192, making it a .misdemeanor to take, receive, employ, harbor, use, etc., a male or female, under the age of eighteen years, for the purpose of sexual intercourse.</p> <p>2. Rape is the carnal knowledge of a woman by force and against' her will.</p> <p>3. A rape can only be committed against the will of the female and by force, or by putting her in great fear. When the female does not consent the law implies force. The act must be against her will, if from her mental condition she has a will.</p> <p>4. _ In rape, the element “by force and against her will” does not apply in cases of females under the age of seven years. In such cases, sexual intercourse being shown, the law conclusively presumes that there was. force and against the will of such female.</p> <p>5. A man having had sexual intercourse with a woman, under-eighteen years of age, by force and against her will, may be prosecuted under the act for the better protection of female children, being Chapter 686, volume 18, Laws of Delaware, page 951, as amended, or for rape, at. the election of the State.</p> <p>6. The words “day assigned” for holding a Court of Oyer and Terminer, as used in Section 12, chapter 244, Volume 24, Laws of Delaware, page 652, means every day fixed by the Judges for holding that Court,, whether by precept or adjournment from time to time.</p> <p>7. Under Section 12, Chapter 244, Volume 24, Laws of Delaware, page 652, the regular panel of 40 peti