State v. Reineke
Ohio Supreme Court
Error to the Court of Appeals of Shelby county. The defendant in error, Charles Reineke, was indicted at the January term, 1913, of the court of common pleas of Shelby county, Ohio, under Section 13023, General Code, for the crime of incest with his daughter, H. R., a minor fourteen years of age. Upon trial had he was found guilty as charged. Motion for a new trial was overruled, sentence impose^, and error prosecuted to the court of appeals.
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Error to the Court of Appeals of Shelby county. The defendant in error, Charles Reineke, was indicted at the January term, 1913, of the court of common pleas of Shelby county, Ohio, under Section 13023, General Code, for the crime of incest with his daughter, H. R., a minor fourteen years of age. Upon trial had he was found guilty as charged. Motion for a new trial was overruled, sentence impose^, and error prosecuted to the court of appeals. The court of appeals affirmed the judgment, and a rehearing was thereupon granted on the authority of the unreported case of Rasor v. State, 78 Ohio…
1Opinion of the CourtWanamaker, J.
The sole question in this case is as to the admissibility of other and similar acts of incestuous conduct occurring subsequent to the act charged in the indictment.
It is an elementary proposition of law, both sound and humane, that a person may not be convicted of the crime charged upon a certain date by showing that upon other dates, previous or subsequent, he committed other crimes and offenses. But this rule has many exceptions in certain particular lines of cases as to prior acts:
1. Where a specific intent to defraud is charged, other fraudulent acts may be offered to show fraudulent…
2Cases cited14 opinions
- People v. ClarkMichigan Supreme Court · 1876
- Lawson v. StateSupreme Court of Alabama · 1852
- State v. HilbergUtah Supreme Court · 1900
- State v. KingSupreme Court of Iowa · 1902
- People v. KollerCalifornia Supreme Court · 1904
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