State v. Pilegge

Citations

• 61 Wash. 264
• 112 P. 263
• 1910 Wash. LEXIS 1326

Syllabus

<p>Criminal Law — Trial—Reopening Case — Discretion. It is not an abuse of discretion to refuse the accused’s request to reopen the case, where counsel for accused advisedly refused to offer any evidence and rested, and the witnesses for the state „were excused and an adjournment taken until the next morning.</p> <p>Rape — Force—Intent-—Evidence — Sueetciency. There is sufficient evidence of an assault with intent to commit rape, without consent, with force sufficient to overcome resistance, where the assault was conceded and the attempt, force and resistance clearly shown by the evidence of the prosecutrix, and by her condition and bruises on her person immediately thereafter, the intent of the accused being for the jury as shown by his acts.</p> <p>Rape — Assault and Intent — Resistance — Instructions. In a prosecution for assault with intent to commit rape, by force, it is sufficient to instruct the jury that the act must have been by forcibly overcoming the resistance of the prosecutrix, without charging that she must have made all the resistance within her power.</p>