People v. Dowell
Michigan Supreme Court
Exceptions before judgment from Lenawee; Chester, J, Francis Dowell was convicted of an assault with intent to commit the crime of statutory rape. The respondent was informed against and convicted of an assault upon one Minnie Pieh, a female child under the age of 16 years, with intent to feloniously, unlawfully, and carnally know her. She lacked but one month of being 16 years of age.
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Exceptions before judgment from Lenawee; Chester, J, Francis Dowell was convicted of an assault with intent to commit the crime of statutory rape. The respondent was informed against and convicted of an assault upon one Minnie Pieh, a female child under the age of 16 years, with intent to feloniously, unlawfully, and carnally know her. She lacked but one month of being 16 years of age. The respondent ’was a farmer, 54 years of age, and lived, with his family, a neighbor to the prosecutrix’s family. The assault is alleged to have been •committed on June 1, 1901, in broad daylight, in front of…
1Opinion of the CourtGbant, J.
(after stating the facts). 1. This is an anomalous case. I have found no one like it in the books. The only act of familiarity previous to the alleged assault, testified to by the prosecutrix, was that at her own house, when he, in the presence of her mother and his own wife, followed her into the pantry, put his arm around her neck, kissed her, and invited her to his house. She does not testify to any other act of impropriety, or to any request for sexual" intercourse, or to any fondling of her person. So far as the record shows, she only inferred from his conduct what he desired. She shows…
2Cases cited5 opinions
- Hanes v. StateIndiana Supreme Court · 1900
- People v. GotshallMichigan Supreme Court · 1900
- People v. CourierMichigan Supreme Court · 1890
- Liebscher v. StateNebraska Supreme Court · 1903
- People v. SheffieldMichigan Supreme Court · 1895
3Cited by36 opinions
- State v. HuffmanWest Virginia Supreme Court · 1955
- People v. GuillettMichigan Supreme Court · 1955
- People v. OberstaedtMichigan Supreme Court · 1964
- People v. KelseyMichigan Supreme Court · 1942
- Ross v. StateWyoming Supreme Court · 1908
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