United States v. Bell

505 F.2d 539 (1974)

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United States v. Bell

United States Court of Appeals for the Seventh Circuit
505 F.2d 539 (1974)

  • Written by Susie Cowen, JD
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Facts

While staying in a hospital, Tommie Bell (defendant) attempted to rape a female geriatric patient. Due to a mental disease, the victim was unable to comprehend what was happening to her at the time of the rape. Bell was convicted of assault with intent to commit rape. He appealed his conviction on the ground the victim’s inability to form a reasonable apprehension of bodily harm precluded the possibility that an assault occurred.

Rule of Law

Issue

Holding and Reasoning (Tone, J.)

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