State v. Espenschied
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court .- — Hon. Hugo Muench, Judge. To warrant a conviction upon an information for an assault with, intent to commit a rape, the evidence must show that defendant’s intention was, if it became necessary, to force compliance with his desires at all events and regardless of any resistance the woman might make.
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Appeal from St. Louis City Circuit Court .- — Hon. Hugo Muench, Judge. To warrant a conviction upon an information for an assault with, intent to commit a rape, the evidence must show that defendant’s intention was, if it became necessary, to force compliance with his desires at all events and regardless of any resistance the woman might make. State v. Priestly, 74 Mo. 24; State v. Owsley, 102 Mo. 687; State v. Scholl, 130- Mo. 396; State v. Hayden, 141 Mo. 311. There was no evidence of sufficient probative force to convict the defendant of the crime for which he was tried, and the trial…
1Opinion of the CourtBurgess, J.
— On July 2, 1907, the defendant was convicted in the circuit court of the city of St. Louis, and his punishment fixed at two years’ imprisonment in the penitentiary, under an information, duly verified and filed in said court by the assistant circuit attorney of said city, charging him with an assault with *219intent to rape one Mrs. Margaret Flower, at said city, on October 1, 1906. After unavailing motions for a new trial and in arrest, defendant appealed.
The facts, briefly stated, are as follows:
The prosecutrix, Mrs. Margaret Flower, who is a widow, was employed as cook at the Association…
2Cases cited9 opinions
- State v. BondSupreme Court of Missouri · 1905
- State v. McCarverSupreme Court of Missouri · 1906
- State v. KaiserSupreme Court of Missouri · 1894
- State v. PriestleySupreme Court of Missouri · 1881
- State v. LongSupreme Court of Missouri · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. BagbySupreme Court of Missouri · 1936
- State v. ReichSupreme Court of Missouri · 1922
- State v. DouglasSupreme Court of Missouri · 1914
- State v. RodenMissouri Court of Appeals · 1984
- State v. JacksonSupreme Court of Missouri · 1920
2 more not listed; retrieve them via the Exa API.