State v. Otey
Supreme Court of Kansas
Appeal from Douglas District Court. The defendant was charged by information with having committed the crimes of assault and rape. The information stated, “ That on the 4th day of May, 1870', at Douglas county, he, defendant, committed an assault, and then and there carnally know one Anna M-B-, a female child under the age of ten years.”
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Appeal from Douglas District Court. The defendant was charged by information with having committed the crimes of assault and rape. The information stated, “ That on the 4th day of May, 1870', at Douglas county, he, defendant, committed an assault, and then and there carnally know one Anna M-B-, a female child under the age of ten years.” The information was not verified by affidavit of the county .attorney, or complainant; but the defendant, on being arraigned for plea, pleaded “ not guilty,” and the case went to trial, and was tried at the November Term, 1870. "When the complaining witness,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The defendant was charged in the court below with the commission of an assault and a rape upon a female child under the age of ten years. He was tried by a jury who found the following verdict: “We “ the jury find the defendant guilty of an attempt to com- “ mit a rape upon the person of Anna M-- B-•, “ mentioned in the information.” The defendant moved for a new trial, and in arrest of judgment, both of which motions were denied by the court, and he was sentenced to ten years imprisonment in the penitentiary. From this-sentence and the…
2Cited by15 opinions
- State v. AdamsSupreme Court of Kansas · 1878
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- Bryan v. StateSupreme Court of Florida · 1899
- State v. BlackmanSupreme Court of Kansas · 1884
- State v. FinneySupreme Court of Kansas · 1935
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