Marshall v. Territory
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Noble County. C. A. Marshall was convicted of rape of a female under 18 and over 16, of previous chaste and virtuous character, and he appeals.
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Appeal from District Court, Noble County. C. A. Marshall was convicted of rape of a female under 18 and over 16, of previous chaste and virtuous character, and he appeals. March 7, 1906, plaintiff in error was indicted by a grand jury of Noble county in the then territory of Oklahoma, for the crime of rape by having sexual intercourse with Miss Leota Barnard, she being at the time a female under the age of 18 years and over the age of 16 years, and of previous chaste and virtuous character. The act complained of is alleged to have been committed November 10, 1904, in Noble county. On January…
1Opinion of the Court
FULTON, Spegial Judge,
(after stating the facts as above). The statute under which this prosecution is had is as follows:
“Kape is an act of sexual intercourse accomplished with a female, not the wife of the perpetrator, under either of the following circumstances: First, where the female is under the age of sixteen years. 'Second, where the female is over the age of sixteen years and under the age of eighteen, and of previous chaste ana virtuous character.”
There are fourteen assignments of error. The twelfth, thirteenth, and fourteenth of the errors assigned are to the effect and in substance:…
2Cases cited14 opinions
- Davis v. United StatesSupreme Court of the United States · 1895
- Youtsey v. United StatesCourt of Appeals for the Sixth Circuit · 1899
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- Ande v. StateSupreme Court of Iowa · 1857
- Guagando v. StateTexas Supreme Court · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Bingham v. StateCourt of Criminal Appeals of Oklahoma · 1946
- Jamison v. Gilbert Et Ux.Supreme Court of Oklahoma · 1913
- Norman v. StateCourt of Criminal Appeals of Texas · 1921
- Brown v. StateSupreme Court of Georgia · 1960
- Ex Parte GilbertCourt of Criminal Appeals of Oklahoma · 1941
43 more not listed; retrieve them via the Exa API.