State v. Harney

• Decision Date: 17 November 1890
• Citation: 14 S.W. 657,101 Mo. 470
• Parties: STATE v. HARNEY.
• Court: Missouri Supreme Court

14 S.W. 657

101 Mo. 470

STATE v. HARNEY.

Supreme Court of Missouri.

November 17, 1890.

ATTEMPT TO COMMIT RAPE — VERBAL SOLICITATION.

Rev. St. Mo. 1879, § 1253, declares sexual intercourse with a female child under 12 years to be rape. Section 1645 renders it criminal for one to attempt to commit an offense prohibited by law, and in such attempt to do "any act" towards the commission of such offense. Held, that the mere verbal solicitation of a female child under the age of consent to permit sexual intercourse was not an attempt to commit rape, as the evil purpose, so long as it exists in contemplation only, is not within these provisions of the law.

The Attorney General, for the State. J. S. Blackwell, for respondent.

BRACE, J.

This is an appeal by the state from the judgment of the criminal court of Lafayette county, quashing an indictment against the defendant, charging that the said "Benjamin Harney on the 6th day of August, A. D. 1887, at the county of Lafayette and state of Missouri, did attempt feloniously to carnally and unlawfully know and abuse one Allie Hargrave, who was then and there a female child under the age of twelve years, to-wit, of the age of ten years, and in said attempt, and in pursuance thereof, and towards the commission of said offense, the said Benjamin Harney did then and there move, persuade, and by false statements and pretenses induce her, the said Allie Hargrave, to go with him, said Benjamin Harney, from a public place, to-wit, a public street and thoroughfare in the city of Higginsville, in said county, to a secret and retired place, to-wit, a certain wooden shed there situate, which said shed was situated, and then and there was, a long distance from said public street and thoroughfare, to-wit, two hundred yards therefrom, and did then and there solicit, move, and incite, and endeavor to persuade, hire, and induce, her, the said Allie Hargrave, then and there to have sexual and carnal intercourse with him, said Benjamin Harney, and did then and there solicit, move, and incite, and endeavor to persuade her, the said Allie Hargrave, to permit and allow him, the said Benjamin Harney, then and there to carnally and unlawfully know and have sexual intercourse with her, the said Allie Hargrave, with intent her, the said Allie Hargrave, then and there feloniously to carnally and unlawfully know and abuse, but he, the said Benjamin Harney, did then and there fail in the perpetration of said offense, and was then and...