State v. Riggs

Superior Court of Delaware

State v. Riggs

1 Houston 120

DecidedNovember 5, 1862

StatusPublished

This text of 1 Houston 120 (State v. Riggs) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Riggs, 1 Houston 120 (Del. Ct. App. 1862).

Pincite

Opinion

At a Court of Oyer and Terminer held at this term, Abel Riggs had been indicted, tried and convicted of the crime of rape, and thereupon the counsel for the prisoner submitted a motion in due form for a new trial on the ground that the Court in its charge to the jury in the case had misinstructed them as follows: "When the fact appears that connection has been had against the consent of the *Page 121 woman, the law implies force;" and further, "The two facts for your consideration are the fact of the deed of connection and the fact of consent or no." declined to grant a new trial. *Page 122

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At a Court of Oyer and Terminer held at this term, Abel Riggs had been indicted, tried and convicted of the crime of rape, and thereupon the counsel for the prisoner submitted a motion in due form for a new trial on the ground that the Court in its charge to the jury in the case had misinstructed them as follows: "When the fact appears that connection has been had against the consent of the *Page 121 woman, the law implies force;" and further, "The two facts for your consideration are the fact of the deed of connection and the fact of consent or no." declined to grant a new trial. *Page 122

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Bluebook (online)

1 Houston 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-riggs-delsuperct-1862.