State v. Honey

Citations

• 25 Del. 324
• 2 Boyce 324
• 80 A. 240
• 1911 Del. LEXIS 40

Syllabus

<p>1. Indictment and Information — Included Offenses — Assault to Rape.</p> <p>A charge of assault with intent to rape indudes an assault as well.</p> <p>2. Assault and Battery — “Assault”—Definition.</p> <p>An “assault” is an unlawful attempt by force and violence to do injury to the person of another, the person making the attempt having the present ability to commit-such injury.</p> <p>3. Rape — Assault to Rape — Elements of Offense.</p> <p>In a prosecution for assault with intent to rape, it must be established that, if accused had consummated his intent, he would have been guilty of rape.</p> <p>4. Rape — Definition.</p> <p>“Rape” is carnal knowledge of a woman, above the age of 10 years, by force and against her will.</p> <p>5. Criminal Law — “Reasonable Doubt.”</p> <p>“Reasonable doubt” is not a vague, fanciful, or mere possible doubt, but is a real, substantial doubt, such as an intelligent, impartial, and conscientious man would entertain after a careful consideration of all the evidence.</p>