Cases On Criminal Law

Cover Cases On Criminal Law
Cases On Criminal Law
Jerome C Jerome Cyril Knowlton
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11 Cox Crim. Cas. 191. Although in Regitia v. Fletcher, uhi supra. Lord Campbell, C. J. , (ignoring the old authorities and the repealing St. Of 9 Geo. IV. , ) unnecessarily and erroneously assumed that the St. Of Westm. 11. Was still in force; that it defined the crime of rape ; and that there was a difference between the expressions "against her will" and "without her consent, " in the definitions of this crime; none of the other cases in Eng- land have been put upon that ground, and their ju...dicial value is not impaired by his inaccuracies.
The earliest statute of Massachusetts upon the subject was passed in 1642, and, like the English Statutes of Westminster, used "without consent" as synonymous with "against her will, " as is apparent upon reading its provisions, which were as follows : 1st. "If any man shall unlawfully have carnal copulation with any woman child under ten years old, he shall be put to death, whether it were with or without the girl's consent. " 2d. "If any man shall forcibly and without consent ravish any maid or woman that is lawfully married or contracted, he shall be put to death.


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