State v. Patrick
Supreme Court of Missouri
Appeal from,' Lewis Circuit Court. — Hon. Ben. E. Turnee, Judge. (1) The- court improperly allowed the prosecutrix to testify to former attempts of rape upon her by defendant. Wharton’s Crim. Ev. [9 Ed. ] sec. 46, p. 45; sec. 48,p. 49; sec. 49, p. 49 ; secs. 29, 30, pp. 35, 36; secs. 32, 34, 35> pp. 37, 39, 40 ; 1 Gfreenl.
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Appeal from,' Lewis Circuit Court. — Hon. Ben. E. Turnee, Judge. (1) The- court improperly allowed the prosecutrix to testify to former attempts of rape upon her by defendant. Wharton’s Crim. Ev. [9 Ed. ] sec. 46, p. 45; sec. 48,p. 49; sec. 49, p. 49 ; secs. 29, 30, pp. 35, 36; secs. 32, 34, 35> pp. 37, 39, 40 ; 1 Gfreenl. Ev. [14 Ed. ] secs. 52, 53 ; State v. Daubert, 42 Mo. 242 ; ParMnéon v. People, 25 N. E. Rep. 764; Shipley ». People, 86 N. Y. 375; State v. Walters, 45 Iowa, 389. (2 ) The conversations between prosecutrix and the brothers and sister-in-law of defendant offered to show a…
1Opinion of the CourtSherwood, C. J.
The crime charged was rape, and on trial had the defendant was convicted. The punishment assessed was fifteen years in the penitentiary; but the trial court, believing the punishment greater and more severe than was warranted by the evidence, lopped off five years, and sentenced the defendant but for the remainder of the assessed term.
As, in the progress of this opinion, there will be a sufficient statement of the salient facts in this cause, it is unnecessary to set forth those facts now.
I. If universal precedents are to be followed, and the plainest principles of evidence are not to be…
Also in this document: Concurrence.
2Cases cited42 opinions
- People v. . O'SullivanNew York Court of Appeals · 1887
- State v. GrantSupreme Court of Missouri · 1883
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- People v. GageMichigan Supreme Court · 1886
- State v. MoxleySupreme Court of Missouri · 1890
37 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. TaylorSupreme Court of Missouri · 1893
- State v. KingSupreme Court of Missouri · 1938
- State v. TalbertSupreme Court of Missouri · 1970
- State v. WillardSupreme Court of Missouri · 1940
31 more not listed; retrieve them via the Exa API.