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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. "
A System of Penal Law, for the State of Louisiana: Consisting of a Code of ... - Page 434
by Edward Livingston - 1833 - 745 pages
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The South Western Reporter, Volume 42

Law reports, digests, etc - 1808 - 1256 pages
...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...
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A System of Penal Law, for the State of Louisiana: Consisting of a Code of ...

Edward Livingston - Crime - 1833 - 768 pages
...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...
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumes 49-50

Law - 1894 - 922 pages
...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...
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The Complete Works of Edward Livingston on Criminal Jurisprudence ..., Volume 2

Edward Livingston, Salmon Portland Chase - Crime - 1873 - 664 pages
...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...
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The Criminal Laws of Texas: Comprising the Penal Code and Code of Criminal ...

George Clark - Criminal law - 1881 - 766 pages
...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...
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The Southwestern Reporter, Volume 105

Law reports, digests, etc - 1908 - 1354 pages
...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,...
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The Southwestern Reporter, Volume 11

Law reports, digests, etc - 1889 - 1288 pages
..."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,...
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The Southwestern Reporter, Volume 38

Law reports, digests, etc - 1897 - 1244 pages
...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...
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The Southwestern Reporter, Volume 167

Law reports, digests, etc - 1914 - 1414 pages
...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...
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The Southwestern Reporter, Volume 44

Law reports, digests, etc - 1898 - 1234 pages
...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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