State v. Morrison
Montana Supreme Court
Appeal from District Court, Granite County; Geo. B. Winston, Judge. John P. Morrison was convicted of rape, and appeals from .the judgment of conviction, and from an order denying him a new trial. The great weight of authority seems to hold that a statute defining rape, as oiir authority defines it, requires that the information should allege that the person upon whom the offense is committed is not the wife of the defendant. (People v. Miles, 9 Cal.
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Appeal from District Court, Granite County; Geo. B. Winston, Judge. John P. Morrison was convicted of rape, and appeals from .the judgment of conviction, and from an order denying him a new trial. The great weight of authority seems to hold that a statute defining rape, as oiir authority defines it, requires that the information should allege that the person upon whom the offense is committed is not the wife of the defendant. (People v. Miles, 9 Cal. App. 312, 101 Pac. 525; Bice v. State, 37 Tex. Cr. 36, 38 S. W. 801; People v. Everett, 10 Cal. App. 12,101 Pac. 528.) The information in the…
1Opinion of the CourtJustice Smith
Defendant appeals from a judgment of conviction of rape, and from an order denying his motion for a new trial.
1. The information fails to charge that the female upon whom [1] the crime is alleged to have been committed was not the *88wife 'of the accused. It is therein alleged, however, that she bears another name than that of Morrison. As long ago as 1890, this court held, under a statute similar to that now in jjorce, that the allegation was unnecessary. (See State v. Williams, 9 Mont. 179, 23 Pac. 335.) It was proven at the trial that the prosecutrix was not the defendant’s wife. A mere rule…
2Cases cited2 opinions
- State v. WilliamsMontana Supreme Court · 1890
- People v. PachecoCalifornia Supreme Court · 1886
3Cited by6 opinions
- State v. BellNew Mexico Supreme Court · 1977
- Sharp v. StateIndiana Supreme Court · 1919
- Huckleberry v. EstateCourt of Criminal Appeals of Oklahoma · 1938
- Scott v. StateCourt of Criminal Appeals of Oklahoma · 1947
- State v. ReidMontana Supreme Court · 1954
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