Legal Opinion

Cheek v. State

Indiana Supreme Court

Decided October 16, 1908No. 21,245PublishedCited by 15 opinions

Prom Jay Circuit Court; John F. LaFollette, Judge. Prosecution by The State of Indiana against Thomas Cheek. Prom a judgment of conviction, defendant appeals.

1Opinion of the CourtMonks, J.

Appellant was convicted of the crime of rape on the person of a female child under sixteen years of age.

The first error assigned calls in question the action of the court in overruling the motion to quash the indictment.

1. Appellant insists that the indictment1 charges an assault and battery, and rape, and is therefore bad for duplicity. The indictment in Mills v. State (1875), 52 Ind. 187, 192, 193, was substantially the same as the indictment in this case, and was held sufficient against the ob*100jection of duplicity. See, also, Richie v. State (1877), 58 Ind. 355.

2. It is next insisted that…

2Cases cited35 opinions

  1. Hines v. DriverIndiana Supreme Court · 1885
  2. Evans v. StateIndiana Supreme Court · 1898
  3. Lee v. StateIndiana Supreme Court · 1901
  4. Cline v. LindseyIndiana Supreme Court · 1887
  5. Inland Steel Co. v. SmithIndiana Supreme Court · 1907

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3Cited by15 opinions

  1. Federal Surety Co. v. PittsTexas Supreme Court · 1930
  2. In re the Charges Against DarrowIndiana Supreme Court · 1910
  3. Hunt v. StateIndiana Supreme Court · 1917
  4. McCrocklin v. StateIndiana Supreme Court · 1920
  5. Williams v. StateIndiana Supreme Court · 1954

10 more not listed; retrieve them via the Exa API.

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