State v. Forshee
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — How. Bobt. A. Anthony, Judge. (1) The prosecutrix in a trial for rape must he corroborated, and where her testimony as to the perpetration of the alleged offense is explicitly contradicted by the defendant, thus - creating equipoise of oath against oath, the evidence will be insufficient to support a conviction.
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Appeal from St. Francois Circuit Court. — How. Bobt. A. Anthony, Judge. (1) The prosecutrix in a trial for rape must he corroborated, and where her testimony as to the perpetration of the alleged offense is explicitly contradicted by the defendant, thus - creating equipoise of oath against oath, the evidence will be insufficient to support a conviction. State v. Patrick, 107 Mo. 147; State v. Dusenberry, 112 Mo. 277. (2) Even had the State proved a conspiracy between Willis and the defendant to ravish the prosecutrix, yet the alleged statements were made after the accomplishment of the…
1Opinion of the CourtGantt, J.
On the 14th of April, 1904, the prosecuting attorney of St. Francois county began this prosecution by filing an information, duly verified, in the office of the clerk of the circuit court of said county, wherein he charged the defendant with rape on Emily Cowan, in said county, on the 6th day of December, 1903.
The defendant was arrested and arraigned, and pleaded not guilty. On the 10-th of August, 1904, he was put upon his trial and convicted and sentenced to the penitentiary. After unsuccessful motions for a new trial and in arrest of judgment, he appealed to this court.
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2Cases cited2 opinions
- State v. MelroseSupreme Court of Missouri · 1889
- State v. HilderbrandSupreme Court of Missouri · 1891
3Cited by2 opinions
- State v. PriesmeyerSupreme Court of Missouri · 1931
- State v. BuckleySupreme Court of Missouri · 1927