Legal Opinion

Dickey v. State

Mississippi Supreme Court

Decided April 15, 1905PublishedCited by 9 opinions

Fkom the circuit court of, first district, Coahoma county. HoN. Samuel 0. Cooe, Judge. Hammond .Dickey, the appellant, a white man, was indicted, tried, and convicted of rape upon Catherine Fortson, a negro girl, and sentenced to the penitentiary for life. The offense was committed and indictment found in Quitman county, but the venue was changed, on defendant’s application, and the trial had in Coahoma county, first district.

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Fkom the circuit court of, first district, Coahoma county. HoN. Samuel 0. Cooe, Judge. Hammond .Dickey, the appellant, a white man, was indicted, tried, and convicted of rape upon Catherine Fortson, a negro girl, and sentenced to the penitentiary for life. The offense was committed and indictment found in Quitman county, but the venue was changed, on defendant’s application, and the trial had in Coahoma county, first district. From the conviction and sentence defendant appealed to^ the supreme court. On the trial, the prosecutrix, Catherine Fortson, testified that she lived near the…

1Opinion of the Court

Oox, <T.,

delivered the opinion of the court.

Appellant, a white man, was convicted of rape. The victim was a little negro girl. According to her father’s testimony, she was ten .years and about nine months old when the offense was committed; but, from certain circumstances testified to in the case, she may have been as much as twelve or thirteen. Every element of the crime is established fully — indeed, is confessed — except the want of consent of the prosecutrix. Upon this issue the only direct evidence is the testimony of the prose-cutrix and the accused.

It is insisted that the case should…

2Cited by9 opinions

  1. Carr v. StateMississippi Supreme Court · 1968
  2. Williams v. StateMississippi Supreme Court · 1983
  3. Mattox v. StateMississippi Supreme Court · 1962
  4. Nicholas Demorst v. State of MississippiCourt of Appeals of Mississippi · 2017
  5. Riley v. StateCourt of Criminal Appeals of Oklahoma · 1935

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