State v. Duckett

Citations

• 24 N.M. 28
• 172 P. 189

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>In order to convict a man of “assault with intent to rape,” the state must establish by the evidence, to the satisfaction of the jury and beyond a reasonable doubt, that the accused intended to have intercourse with the female by force and against her will, and that he not only used force, where, an assault is charged, but used- such force with the intention at the time to have sexual intercourse with her in defiance of, and notwithstanding, any resistance she might make.</p>