147 Whitcher v State Appellants

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In Folder: Supreme Court Briefs

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147 Whitcher v State Appellants

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title: State of Washington, Appellee vs Warren Whitcher, Appellant, Brief of Appellant.

title: 147

creator: Warren Whitcher

contributor: N. T. Caton

contributor: D. J. Crowley

date: 1891-01

publisher: Washington State Supreme Court

type: Criminal

subject: Criminal

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, Lincoln County.Rape – Assault With Intent – Information – Variance – Under the statute of this state (§ 1004, Code 1881) an information which omits the name of the defendant from the charging part, but names him in the accusing part of the information, is sufficient.To warrant a conviction under an information charging an assault with force, with intent to rape a female under the age of sixteen years, an assault with force must be proved; and an instruction, that the fact that she consented to the advances made constitutes no defense, is erroneous.Though the laws of Washington make it rape to have carnal knowledge of a female under the age of consent, even with her consent, there can, in the absence of fraud, be no assault with intent to rape, when she consents, since there can be no assault without force or fraud.

relation: Whitcher v. State, 2 Wash. 286 (1891)

relation: 26 P. 268

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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