Easterling v. State

• Court: Mississippi Supreme Court
• Writing for the Court: HOLDEN, J.
• Citation: Easterling v. State, 120 Miss. 404, 82 So. 306 (Miss. 1919)
• Decision Date: 07 July 1919
• Docket Number: 20786
• Parties: EASTERLING v. STATE

82 So. 306

120 Miss. 404

EASTERLING v. STATE

No. 20786

Supreme Court of Mississippi

July 7, 1919

Division A

1 RAPE. Attempt. Persuasion.

Mere strenuous efforts to persuade a woman to yield to sexual intercourse, with no felonious design to commit the crime of rape will not warrant a conviction of assault with intent to rape.

2 SAME.

In passing upon the facts of a charge of rape or attempt, the particular facts and circumstances of each case are to govern and no precise rule as to what acts will constitute rape or an attempt can be stated.

APPEAL from the circuit court of Jones county, HON R. S. HALL Judge.

Henry Easterling was convicted of assault with intent to rape and appeals.

The facts are fully stated in the opinion of the court.

Reversed and appellant discharged.

Deavous, Hilbun & Dearvours and D. B. Cooley, for appellant.

Ross A. Collins, Attorney General, for the state.

OPINION

HOLDEN, J.

The appellant, Henry Easterling, was convicted of an assault with intent to commit rape upon his former wife, Nora Easterling, and appeals here.

We have carefully read the evidence in this case, and after a thorough and full consideration of the facts presented by the state upon which the conviction rests we are convinced that the proof falls short of being sufficient to establish the charge beyond a reasonable doubt.

We see no good purpose to be served by setting out in detail the peculiar facts of this case as disclosed by the record; and we deem it ample to say that under the facts and singular circumstances of the alleged attempt we are warranted in saying, as a...