State v. Kelly
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hoja Eugene McQuillin, Judge. (1) The prosecuting 'witness over the objection of defendant, was permitted to testify that at1 that time she' was pregnant. When she in her testimony admitted that she had intercourse with persons other than the defendant, and having had equal opportunity with other men to bring about such condition, she should not have been permitted to so testify.
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Appeal from St. Louis City Circuit Court. — Hoja Eugene McQuillin, Judge. (1) The prosecuting 'witness over the objection of defendant, was permitted to testify that at1 that time she' was pregnant. When she in her testimony admitted that she had intercourse with persons other than the defendant, and having had equal opportunity with other men to bring about such condition, she should not have been permitted to so testify. (2) Instruction 7, given by the court, which is the reasonable doubt instruction, and which is in well approved form, and the law, is in direct conflict with instructions 4…
1Opinion of the Court
BLAIR, C.
— Under an information charging him with carnally knowing an unmarried female of previously chaste character,' between the ages of fourteén *493and eighteen years, Walter Kelly was convicted in' the circuit court of the city of St. Louis, sentenced to six months in the workhouse, and has appealed. , .
I. As the record stood at the close of the evidence, the only, actually contested issue of the fact was the previous chastity of the ■ prosecutrix. ■ The trial court instructed, among other things, as to reasonable doubt and the presumption of innocence, and also, over appellant’s objection…
2Cases cited1 opinion
- State v. McMahonSupreme Court of Missouri · 1911
3Cited by5 opinions
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- Dallas v. StateSupreme Court of Florida · 1918
- State v. VolzSupreme Court of Missouri · 1916
- Larson v. StateNebraska Supreme Court · 1934
- Dunlap v. StateCourt of Criminal Appeals of Texas · 1925