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Legal Opinion

State of South Dakota v. Fox

South Dakota Supreme Court

Decided March 3, 1948No. File No. 8941PublishedCited by 13 opinions

1Opinion of the Court

SEACAT, Circuit Judge.

The appellant was convicted of rape in the first degree on an information filed by the state’s attorney of Meade County, which charged “that on the 8th day of May, 1946, within the County of Meade and State of South Dakota, the said James Fox, Jr., did wilfully, unlawfully, and feloniously have unlawful sexual intercourse with Kathryn Gerber, an unmarried female person, not the wife of the said defendant, and the said- Kathryn Gerber being a person of unsound mind and incapable of giving legal consent thereto.”

The applicable sections of our code under which the defendant…

2Cases cited18 opinions

  1. State v. WolfeSouth Dakota Supreme Court · 1936
  2. People v. GriffinCalifornia Supreme Court · 1897
  3. State v. WhitmarshSouth Dakota Supreme Court · 1910
  4. Adams v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. State v. PainterSouth Dakota Supreme Court · 1944

13 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. BatesSouth Dakota Supreme Court · 1955
  2. State v. SchusterSouth Dakota Supreme Court · 1993
  3. State v. EllefsonSouth Dakota Supreme Court · 1980
  4. People v. McMullenAppellate Court of Illinois · 1980
  5. State v. MoellarSouth Dakota Supreme Court · 1979

8 more not listed; retrieve them via the Exa API.

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