 | 1808 - 1256 sider
...assault and battery, and It must have been such ae might reasonably be supposed sufficient toovercome resistance, taking Into consideration the relative...the parties, and other circumstances of the case; and he further insists that that portion of the charge which instructed the jury that they could consider... | |
 | Edward Livingston - 1833 - 768 sider
...afterwards take place between the parties. Art. 459. The punishment for this offence is a fine not less than one hundred nor more than two thousand dollars,...the parties, and other circumstances of the case. ation the age and strength of the parties ; the state of health, temper and disposition of the party... | |
 | 1894 - 922 sider
...obtained by force. (Neither thrnats nor fraud are in this case.) What character of force? Such as might reasonably be supposed sufficient to overcome resistance,...of the parties and other circumstances of the case. In an assault to rape, to be guilty, the accused must make an assault upon the woman. The ass:inlt... | |
 | Edward Livingston, Salmon Portland Chase - 1873 - 664 sider
...afterwards take place between the parties. Art. 459. The punishment for this offence is a fine not less than one hundred nor more than two thousand dollars,...party injured, and all other circumstances that may have increased or diminished her fears, into consideration. Art. 463. A carnal knowledge obtained by... | |
 | George Clark - 1881 - 766 sider
...applicable to assault aud battery, applies also to the crime of rape, and it must have been such as might reasonably be supposed sufficient to overcome resistance,...parties, and other circumstances of the case. ART. 530. What "Threat" sufficient (PC 525). — The " threat " must be such as might reasonably create... | |
 | 1908 - 1354 sider
...applies alto to the crime of rape, and It iftust have been each as might reasonably be supposed eulncient to overcome resistance, taking into consideration...the parties, and other circumstances of the case." This wag charged to have been an assault to rape by (orce. Judge White, In his Annotated Penal Code,... | |
 | 1889 - 1288 sider
..."rape:" "Rape" is the carnal knowledge of a woman, without her consent, obtained by such force as might reasonably be supposed sufficient to overcome resistance,...consideration the relative strength of the parties, and the other circumstances of the case. An assault with intent to commit rape is constituted by an assault,... | |
 | 1897 - 1244 sider
...such a case, the law requires that the force used must have been such "as might reasonably have been supposed sufficient to overcome resistance, taking...relative strength of the parties and other circumstances in the case." This apprehends a real, and not a sham, resistance; and it has been held by this court... | |
 | 1914 - 1414 sider
...reasonably appeared to the defendant by the acts or by the words, coupled with the acts of the deceased, taking into consideration the relative strength of the parties and other circumstances of the case, that it was the purpose and intent of the deceased to murder the defendant, or to inflict serious bodily... | |
 | 1898 - 1234 sider
...force "as might reasonably be supposed sufllcient to overcome resistance, taking Into considération the relative strength of the parties and other circumstances of the case" (Id. art. 634). This statutory definition apprehends that the prosecutrlx on whom the rape is charged... | |
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... reasonably be supposed sufficient to overcome resistance, taking into consideration the relative strength of the parties, and other circumstances of the case. 
