State v. Bailly
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Alva E. Taylor, Judge. Charles E. Bailly was convicted of statutory rape. From a judgment of conviction and an order denying a new trial, defendant appeals. The law is well settled in all jurisdictions that in such an action as this one, the fact of sexual penetration is necessary to complete the offense and must be proved beyond a reasonable doubt. 33 Cyc., p. i486 and notes.
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Appeal from Circuit Court, Roberts County. Hon. Alva E. Taylor, Judge. Charles E. Bailly was convicted of statutory rape. From a judgment of conviction and an order denying a new trial, defendant appeals. The law is well settled in all jurisdictions that in such an action as this one, the fact of sexual penetration is necessary to complete the offense and must be proved beyond a reasonable doubt. 33 Cyc., p. i486 and notes. The court in its charge to the jury, while saying- that penetration should be proven beyond a reasonable doubt, in effect told the jury that her testimony as to…
1Opinion of the CourtWhiting, J.
Defendant was convicted of the crime of rape, alleged to have been committed upon the person of a girl under the age of consent. From the judgment of conviction and the order denying .a new trial, he has appealed to. this court and specifies numerous errors, most of which relate to. the rulings of the court upon the admission of evidence. The rulings of the trial court upon the admission of evidence were extremely fair to defendant, and we find few assignments of error meriting consideration in this opinion.
[1] There was received in evidence the testimony of a Catholic priest ajs to* the…
2Cases cited1 opinion
- People v. HowardCalifornia Supreme Court · 1904
3Cited by8 opinions
- State v. BowmanSupreme Court of North Carolina · 1950
- State v. BrownSouth Dakota Supreme Court · 1965
- State v. HardeeCourt of Appeals of North Carolina · 1969
- State v. KnappSouth Dakota Supreme Court · 1914
- Ballew v. StateAlabama Court of Appeals · 1929
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