State v. Moore

Citations

• 110 Kan. 732
• 205 P. 644
• 1922 Kan. LEXIS 138

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Attempt to Commit Rape — Sufficient Information. An. information, drawn under sections 3392 and 3328 of the General Statutes of 1915, charged that the defendant attempted “to forcibly ravish and carnally know” a woman of the age of eighteen years, and set out the acts done in the attempt. Held, that the information charged an offense.</p> <p>2. Attempt to Commit Rape — 'Evidence of Force. Evidence of any force used by a man in an attempt to have carnal knowledge of a woman against her will is sufficient to uphold a verdict of guilty under a charge of an attempt to commit rape.</p> <p>3. Same — Requested Instruction Refused. It is not reversible error to refuse to give an instruction as requested, where it is otherwise given in substance.</p> <p>4. Same — Instruction N-ot Erroneous. Under a charge of an attempt to commit rape, an instruction which states that the attempt must be made with the intention to ravish and carnally know the woman against her will correctly states the law concerning one of the elements of the offense.</p> <p>5. Same — Voluntarily Abandoning Effort to Commit Rape. A man may be guilty of an attempt to ravish and carnally know a woman against her will, although he voluntarily ceases his efforts before he succeeds-in accomplishing his purpose.</p> <p>6. Same — Force Used Intended to Overcome Resistance. To commit the offense of an attempt to ravish and carnally know a woman against her will, it is not necessary that the force used be reasonably calculated to overcome resistance, nor that it be intended to use force sufficient to overcome all resistance.</p> <p>7. Same — Instruction—Failure of Complainant to Make Outcry. On account of an incorrect assumption of facts shown by the evidence, it was not reversible error for the court to refuse to give a requested instruction concerning the failure of the woman to make prompt outcry or complaint within a short time after the attempt.</p> <p>■8. Same