State v. Pierpoint
| Decision Date | 31 March 1915 |
| Docket Number | 2149. |
| Citation | 147 P. 214,38 Nev. 173 |
| Parties | STATE v. PIERPOINT. |
| Court | Nevada Supreme Court |
Appeal from District Court, Esmeralda County; Peter J. Somers Judge.
Joe Pierpoint was convicted of crime, and he appeals. Affirmed.
Francis McNulty, of Goldfield, for appellant.
George B. Thatcher, Atty. Gen., for the State.
Appellant was convicted of the crime of attempt to commit rape, and from the judgment appeals.
Two questions are presented in the brief of appellant, and they involve the sufficiency of the indictment to charge the offense and the sufficiency of the evidence to justify the verdict. The charging part of the indictment reads:
"The said defendant, Joe Pierpoint, * * * being then and there a person over the age of 16 years, to wit, of the age of 23 years, did then and there unlawfully and feloniously attempt to carnally know upon the person of _____, a female child under the age of 16 years, to wit, of the age of 13 by procuring her to get in bed with him, the said defendant, and soliciting her to have intercourse with him all with the felonious intent then and there to rape," etc.
Without here reviewing the evidence, we deem it sufficient to say that we have examined the transcript of the testimony, and that the charges contained in the indictment are amply supported by the testimony. It remains only to determine the sufficiency of the indictment.
Carnal knowledge of a female child under the age of 16 years, with or without her consent, by a male person over the age of 16 years, constitutes rape. Rev. Laws, § 6442.
"An act done with intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime." Rev. Laws, § 6291.
Cyc., treating of the law of attempt to commit rape, says:
33 Cyc. 1431.
Conceding for the purposes of this case, that the rule that mere indecent advances, solicitations, or importunities applies in cases where the female child is below the age of consent, nevertheless we are of the opinion that the indictment in this case sufficiently charges an overt act, to wit, procuring the child to get in...
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Ishee v. State, No. 1998-CT-01123-SCT.
...144 Cal.Rptr. 729 (1978); State v. Baxley, 633 So.2d 142 (La.1994); State v. Harney, 101 Mo. 470, 14 S.W. 657 (1890); State v. Pierpoint, 38 Nev. 173, 147 P. 214 (1915); Gervin v. State, 212 Tenn. 653, 371 S.W.2d 449 (1963). ¶ 26. A minority of jurisdictions and the Model Penal Code hold th......
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Van Bell v. State
...held that "[m]ere indecent advances, solicitations, or importunities do not amount to an attempt [to rape]." State v. Pierpoint, 38 Nev. 173, 174, 147 P. 214 (1915). (Citation omitted.) Likewise, mere preparation to commit a crime is insufficient to constitute an attempt. State v. Verganadi......
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State v. Dawson
...the offense with such particularity that the court may determine whether or not they constitute an offense. In the case of State v. Pierpoint, 38 Nev. 173, 147 P. 214, an indictment for an attempt at rape was upheld against attack upon the ground that it did not sufficiently charge an overt......
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State v. Verganadis
... ... 549, is also cited by appellant, but in that case the ... information failed to allege any act showing an attempt. In ... this respect it alleged merely a willful, unlawful, and ... felonious attempt to have carnal knowledge of a female child ... of the age of ten years. In State v. Pierpoint, 38 ... Nev. 173, 147 P. 214, this court held that an indictment ... which charged that the defendant "did then and there ... unlawfully and feloniously attempt to carnally know upon the ... person of a female child * * * of the age of 13, by procuring ... her to get in bed with him, the said ... ...