State v. Bagan
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Brown county, Webber, J., presiding, refusing a new trial.
1Opinion of the CourtMitchell, J.
The defendant was indicted and tried for the crime of rape, committed by forcibly overcoming the resistance of the female. The jury found him not guilty of the'offence charged, but guilty of an assault in the second degree, which, as applied to the evidence and charge of the court in this case, is an assault with intent to commit a felony, to wit, rape. Penal Code, § 187, subd. 5.
1. On the trial the prosecutrix positively identified the defendant as the person who entered her house in the night and committed the crime; and one Jacobson, a witness for the state, testified to meeting the…
2Cases cited7 opinions
- State v. CrossSupreme Court of Iowa · 1861
- Gardner v. KelloggSupreme Court of Minnesota · 1877
- State v. WestSupreme Court of Minnesota · 1888
- State v. AthertonSupreme Court of Iowa · 1878
- State v. JohnsonSupreme Court of Minnesota · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. MarrsMichigan Supreme Court · 1900
- Rushing v. StateTennessee Supreme Court · 1954
- Paxton v. StateSupreme Court of Arkansas · 1913
- Gadsden v. StateSupreme Court of Florida · 1919
- State v. MuellerWisconsin Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.