State v. Handy

New York Court of General Session of the Peace

State v. Handy

4 Del. 566

CourtNew York Court of General Session of the Peace

DecidedNovember 15, 1845

StatusPublished

This text of 4 Del. 566 (State v. Handy) is published on Counsel Stack Legal Research, covering New York Court of General Session of the Peace primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Handy, 4 Del. 566 (N.Y. Super. Ct. 1845).

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Opinion

The Court

defined a rape to be the carnal knowledge of a woman, above the age of ten years, against her will; or of a female child, under the age of ten years, with or against her will; the law considering her incapable of consent. A boy under the age of fourteen years, is deemed by law incapable of committing a rape; and such a person could not be convicted of the offence of an assault with that intent; but, after fourteen years, he would be presumed capable, unless something appeared to the contrary.

The prisoner was convicted.

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The Court

defined a rape to be the carnal knowledge of a woman, above the age of ten years, against her will; or of a female child, under the age of ten years, with or against her will; the law considering her incapable of consent. A boy under the age of fourteen years, is deemed by law incapable of committing a rape; and such a person could not be convicted of the offence of an assault with that intent; but, after fourteen years, he would be presumed capable, unless something appeared to the contrary.

The prisoner was convicted.

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Bluebook (online)

4 Del. 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-handy-nygensess-1845.