...29, 1890.) RAPE— INDICTMENT. Under Сотр. Laws Mont. p. 509, § 46, defining rape as "an act ol sexual intercourse accomplished with a female, not the wife of the perpetrator, under" certain circumstances, it is not necessary to allege that the female was not defendant's wife. Appeal...

...That Section 6521 of the Compiled Laws of 1887 be amended so as to read as follows: Section 6521. Rape is an act of sexual intercourse accomplished with...perpetrator, under either of the following circumstances: 1. When the female is under the age of sixteen years. 2. When she is incapable through lunacy or any...

...That Section 6765 of the Revised Statutes is hereby amended to read as follows: Section 6765. Rape is an act of sexual intercourse accomplished with...perpetrator, under either of the following circumstances: 1. Where the female is under the age of seventeen years. 2. When she is incapable through lunacy, or...

...either of the following circumstances: 1. When the female is under the age of sixteen years. 2. When she is incapable, through lunacy or any other unsoundness...whether temporary or permanent, of giving legal consent. 3. When she resists, but her resistance is overcome by violence or force. 4. When she is prevented...

...hereby amended to read as follows: 261. Rape is an act of sexual intercourse, accomplished crime of with a female not the wife of the perpetrator, under either of J the following circumstances: 1. Where the female is under the age of sixteen years; 2. Where she...

...First. Where the female is under the age of 16 years, of previous chaste and virtuous character. Second. Where she is incapable through lunacy, or any other...whether temporary or permanent, of giving legal consent. Third. Where she resists, but her resistance is overcome by force or violence. Fourth. Where she is...

...261 of the Penal Code, the act of sexual intercourse with a female not the wife of the perpetrator, where she is Incapable, through lunacy, or any other...whether temporary or permanent, of giving legal consent, constitutes the crime of rape; and in this species of rape, neither force upon the part of the man,...

...commerce clause of the Constitution of the United States. Where a statute defines the crime of rape as sexual intercourse accomplished with a female " not the wife of the perpetrator," it is essential that the indictment should indictment aver that the prosecutrix is not the wife of...

...from any person, is guilty of a misdemeanor. 1887 RS Sec. 6745. RAPE. Section 4911. Rape Defined: Rape is an act of sexual intercourse accomplished with...perpetrator, under either of the following circumstances : FIRST. Where the female is under the age of eighteen years; SECOND Where she is incapable through...

...adultery. Sec. 269b. Living in a state of open ami notorious adultery. 261. Rape defined. Sec. 261. Kape is an act of sexual intercourse, accomplished with...perpetrator, under either of the following circumstances: 1. Where the female is under the age of sixteen years; 2. Where she is incapable, through lunacy or...