Legal Opinion

State v. Baldwin

Supreme Court of Missouri

Decided November 24, 1908PublishedCited by 13 opinions

Appeal from St. Louis City Circuit Court. — Ron. Daniel D. Fisher, Judge, (1) The information is insufficient in that it fails to charge defendant with taking away from her father Florence Hamann. State v. Adams, 179 Mo. 341. (2) It was error to admit, over the objection of defendant, the statement of William Hamann, the father of the prosecuting witness, to the effect that he did not give his consent to his daughter’s going away with defendant.

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Appeal from St. Louis City Circuit Court. — Ron. Daniel D. Fisher, Judge, (1) The information is insufficient in that it fails to charge defendant with taking away from her father Florence Hamann. State v. Adams, 179 Mo. 341. (2) It was error to admit, over the objection of defendant, the statement of William Hamann, the father of the prosecuting witness, to the effect that he did not give his consent to his daughter’s going away with defendant. This testimony was foreign to the issues and therefore irrelevant, and being admitted error was committed. Sherwood’s Com. on Crim. Law, p. 108.…

1Opinion of the CourtFox, P. J.

This is an appeal from a judgment of conviction against the defendant in the circuit court *296of the city of St. Louis. On the 15th day of July, 1907, the assistant circuit attorney of the city of St. Louis filed an information, duly verified, in the circuit court of said city, charging the defendant, first, with having served a term in the penitentiary for the offense of rape, and then proceeded to make the charge of taking one Florence Hamann, a female under the age of eighteen years, from her father, having charge of her person, for the purpose of concubinage. August 19, 1907, the defendant…

2Cases cited5 opinions

  1. State v. BusseySupreme Court of Kansas · 1897
  2. State v. JohnsonSupreme Court of Missouri · 1893
  3. State v. JonesSupreme Court of Missouri · 1905
  4. State v. AdamsSupreme Court of Missouri · 1904
  5. State v. KnostSupreme Court of Missouri · 1907

3Cited by13 opinions

  1. State v. ReichSupreme Court of Missouri · 1922
  2. State v. AshSupreme Court of Missouri · 1956
  3. State v. SumpterSupreme Court of Missouri · 1934
  4. State v. MartinSupreme Court of Missouri · 1955
  5. Fink v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1912

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