Hiltabiddle v. State
Ohio Supreme Court
Error to the Court of Common Pleas of Ricbland county. In an indictment in the Court of Common Pleas of Rich-land county, it was charged that John Hiltabiddle, on July 4, 1878, at the county of Richland, assaulted the prosecutrix, and committed a rape upon her. On the trial at the March term, 1879, it was proved that at the time stated in the indictment, the prosecutrix was eight years and four months, and the plaintiff in error thirteen years and nine months of age.
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Error to the Court of Common Pleas of Ricbland county. In an indictment in the Court of Common Pleas of Rich-land county, it was charged that John Hiltabiddle, on July 4, 1878, at the county of Richland, assaulted the prosecutrix, and committed a rape upon her. On the trial at the March term, 1879, it was proved that at the time stated in the indictment, the prosecutrix was eight years and four months, and the plaintiff in error thirteen years and nine months of age. The assault and penetration, rupturing the hymen, were proved. The verdict ivas guilty; a motion for a new trial was overruled;…
1Opinion of the CourtOkey, J.
Sir Matthew Hale truly observes, that “ rapéis a most detestable crime.” Where the injured party is a child, the outrage is most revolting. The mind is led, unconsciously, to the consideration of what the punishment ought to be, rather than to the inquiry which it is our duty to make. But our duty is simply to ascertain whether the plaintiff in error has been legally convicted of the felony of rape. Until 1815, that crime was punishable in this-state with death ; and, although the penalty is at present-less than death, we must observe the same rules as formerly in ascertaining whether the…
2Cases cited3 opinions
- State v. LearnardSupreme Court of Vermont · 1869
- Coit v. MillikinCourt for the Trial of Impeachments and Correction of Errors · 1845
- Central Ohio Railroad v. LawrenceOhio Supreme Court · 1861