Farrell v. State

• Decision Date: 09 June 1892
• Citation: 24 A. 725,54 N.J.L. 421
• Parties: FARRELL v. STATE.
• Court: New Jersey Supreme Court

24 A. 725

54 N.J.L. 421

FARRELL

v. STATE.

Supreme Court of New Jersey.

June 9, 1892.

(Syllabus by the Court.)

Error to court of quarter sessions, Mercer county; Woodruff, Yard, and Wright, Judges.

John Farrell was convicted of an attempt to unlawfully and carnally abuse one Freda Drews, a girl under the age of 16 years, and brings error. Affirmed.

Argued at November term, 1891, before the Chief Justice and Depue and Knapp, JJ.

C. H. Beasley and H. N. Barton, for plaintiff.

Bayard Stockton and W. Holt Apgar, for the State.

VAN SYCKEL, J. The plaintiff in error was convicted in the Mercer county quarter sessions upon an indictment of which the following is a copy: "Mercer over and terminer and general jail delivery. October term, 1891. Mercer county, to wit: The grand inquest of the state of New Jersey, in and for the body of the county of Mercer, upon their respective oaths present that John Farrell, late of the city of Trenton, in the said county of Mercer, on the first day of August, in the year of our Lord one thousand eight hundred and ninety, with force and arms, at the city of Trenton aforesaid, in the county aforesaid, and within the jurisdiction of this court, in and upon the body of one Freda Drews, in the peace of God and this state then and there being, an assault did make, and her, the said Freda Drews, being then and there a woman under the age of sixteen years, he, the said John Farrell, being then and there above the age of sixteen years, did attempt to unlawfully and carnally abuse, and other wrongs to the said Freda Drews then and there did, to the great damage of the said Freda Drews. Bayard Stockton, Prosecutor of the Pleas." The reason relied upon for reversal is that the court below should have quashed the indictment on the ground that there is no such crime known to the law as an attempt to unlawfully and carnally abuse a woman under the age of 16 years. The eightieth section of the crimes act, approved March 27, 1874, (Revision, p. 241,) provides: "Any person who shall have carnal knowledge of a woman forcibly and against her will, or who shall aid, abet, counsel, hire, cause, or procure any person or persons to commit the said offense, or who, being of the age of fourteen years, shall unlawfully and carnally know and abuse a woman child under the age of ten years, with or without her consent, shall, on conviction, bead judged guilty of a high misdemeanor, and shall be punished," etc. The 193d section of the crimes act, approved March 27, 1874, (Revision, p. 261,) provides that "if any person shall attempt to commit any of the offenses mentioned in this act, or any offense of an indictable nature at common law, he shall, though such offense was not actually committed, be guilty of a misdemeanor, and, on conviction, be punished," etc. In 1887 the eightieth section of the crimes act, above set forth, was amended to read as follows: "That if any person shall have carnal knowledge of a woman, forcibly and against her will, or who, being of the age of sixteen years or over, shall unlawfully and carnally abuse a woman under the age of sixteen, with or without her consent, shall be guilty," etc. Pamph. Laws 1887, p. 230. The indictment in this case was drawn for an attempt on the part of the plaintiff in error...