Thompson v. State

Citations

• 124 Miss. 463
• 86 So. 871

Syllabus

<p>1. Rape. Evidence sustaining conviction of assault with intent to ravish.</p> <p>Where it appears irom the evidence on the trial for assault with intent to ravish that the defendant knew that the prosecuting witness was at home alone, and he entered the house secretly and then knocked on the wall to attract and entice the female assaulted into a room in the back part of the house, repeatedly knocking on the wall at intervals for a half hour or more to attract the attention of the female, and that when her attention was attracted she went into such room, and there found the defendant with face covered, approached her and- caught her by the throat, and placed his other hand on her mouth and tried to push her against the wall, and when the female pushed his hand off mouth and screamed, he fled, and afterwards denied being at the house, but on trial testified that he entered the house for the purpose of stealing, and where it appears that nothing was stolen or taken, though food and other things were in the house where he entered undisturbed, the evidence is sufficient to sustain a conviction of assault with intent to ravish.</p> <p>2. Criminal Law. Court may call attention of jury to failure to assess punishment.</p> <p>Where a jury returns a verdict of guilty as charged under section 1359, Code 1906 (Hemingway’s Code, section 1096), without fixing the punishment, it is not error for the court to orally call their attention to such power, especially where the court has £iven written instructions thereon and request the jury to put their verdict in proper form.</p> <p>3. Criminal Law. Where judgment Uelow illegal, supreme court may impose sentence in proper form.</p> <p>Where the judgment of the court below does not show that the defendant was placed at the bar of the court and sentenced in due form, but shows the verdict of the jury fixing the punishment and remands the prisoner to the custody of the sheriff until he is called for by the authorities of the state pen