State v. Donnington
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Now. G. A. Galvird, Judge. (1) The testimony of the prosecuting witness was so‘ unreasonable, contradictory and inconsistent that the jury should have been instructed at the close of the State’s case or after the introduction of all the testimony to acquit the defendant.
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Appeal from Bates Circuit Court. — Now. G. A. Galvird, Judge. (1) The testimony of the prosecuting witness was so‘ unreasonable, contradictory and inconsistent that the jury should have been instructed at the close of the State’s case or after the introduction of all the testimony to acquit the defendant. State v. Prendible, 165 Mo. 353 ; State v. Huff, 161 Mo. 487; People v. Lyons, 51 Mich. 215. (2) Dr. Hall had been a physician 38 years, knew the prosecuting witness had not reached the age of puberty, knew her size, also had made a physical examination of defendant in. February, 1910, about…
1Opinion of the CourtKennish, J.
The defendant was tried in the circuit court of Bates county, at the February term, 1911, under an indictment containing two counts. The first count charged him with carnally knowing Esther Cronkhite, a female child under the age of fourteen years, and the second charged him with defiling Esther Cronkhite, a female under eighteen years of age, who had been confided to his care. The jury returned a verdict of not guilty on the first count and a verdict of guilty on the second. Defendant was sentenced to *348four years in the penitentiary and appealed to this court.
The evidence for the State tended…
2Cases cited2 opinions
- State v. GoodaleSupreme Court of Missouri · 1908
- State v. BrownSupreme Court of Missouri · 1908
3Cited by10 opinions
- State v. LongmeyerMissouri Court of Appeals · 1978
- State v. WilsonSupreme Court of Missouri · 1950
- State v. PlattMissouri Court of Appeals · 1973
- State v. BerezukSupreme Court of Missouri · 1932
- State v. DamonSupreme Court of Missouri · 1943
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