State v. Dalton
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — Hon. W. I. Wallace, Judge. (1) The oral evidence in the case having been written out in full, examined and certified to be correct by the trial judge, and attached to and made a part of the bill of exceptions before it was signed, is properly preserved. Tipton v. Renner, 105 Mo. 1; State v. Wear, 101 Mo. 414. (2) The evidence in this case is insufficient to sustain a conviction for rape. First. Penetration was not shown.
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Appeal from Douglas Circuit Court. — Hon. W. I. Wallace, Judge. (1) The oral evidence in the case having been written out in full, examined and certified to be correct by the trial judge, and attached to and made a part of the bill of exceptions before it was signed, is properly preserved. Tipton v. Renner, 105 Mo. 1; State v. Wear, 101 Mo. 414. (2) The evidence in this case is insufficient to sustain a conviction for rape. First. Penetration was not shown. “ While the slightest penetration is sufficient there must be proof beyond a reasonable doubt of some.” Wharton’s Criminal Law [ 9 Ed.J…
1Opinion of the CourtMacfarlane, J.
Defendant was indicted in two counts, by the circuit court of Oregon county, for rape upon Margie E. Mooney. A change of venue was taken by defendant to Douglas county, where the case was tried, and defendant convicted on the second count, and sentenced to five years in the penitentiary.
I. The first objection made in this court is directed against the sufficiency of the indictment, which contained two counts, making the charge that defendant, R. O. Dalton, at and in the county 'aforesaid, on the first day of August, 1887, in and upon the body of one, Margie E. Mooney, a female child under the…
2Cases cited5 opinions
- State v. ShroyerSupreme Court of Missouri · 1891
- Tipton v. RennerSupreme Court of Missouri · 1891
- State v. MeinhartSupreme Court of Missouri · 1881
- State v. FrankSupreme Court of Missouri · 1890
- State ex rel. Harber v. WearSupreme Court of Missouri · 1890
3Cited by13 opinions
- People v. HowardCalifornia Supreme Court · 1904
- State v. CoffmanSupreme Court of Missouri · 1950
- State v. WraySupreme Court of Missouri · 1891
- State v. WhitakerSupreme Court of Missouri · 1955
- State v. HarrisonSupreme Court of Missouri · 1915
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