State v. Stackhouse
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — lion. J. W. McElhinney, Judge. The evidence was not sufficient in law to justify the jury in returning its verdict of guilty of rape.
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Appeal from St. Louis County Circuit Court. — lion. J. W. McElhinney, Judge. The evidence was not sufficient in law to justify the jury in returning its verdict of guilty of rape. State v. Dalton, 106 Mo. 470; State v. Scott, 172 Mo. 545; State v. Lacy, 111 Mo. 541; State v. Bell, 194 Mo. 264. Upon all the evidence in this case it should have been given to the jury upon an instruction upon which they might from the evidence have found a verdict of guilty of felonious assault or attempt to rape. (1) Eape is the carnal knowledge of a female forcibly and against her will. Hubert v. State, 104 N.…
1Opinion of the CourtKennish, J.
At the September term, 1910, of the circuit court of St. Louis county, appellant was convicted of the crime of statutory rape and his punishment assessed at imprisonment in the penitentiary for a term of twenty-five years.
The evidence tended to prove these facts: At the time of the alleged offense the defendant resided in a rooming house in the city of St. Louis, having but *447recently become a resident of this State. He was about forty-two years of age and was engaged in the business of peddling soap and collecting soap wrappers in St. Louis county. The prosecutrix, Hazel Ludwig, then under ten…
2Cases cited9 opinions
- State v. MarcksSupreme Court of Missouri · 1897
- State v. TevisSupreme Court of Missouri · 1911
- State v. WelchSupreme Court of Missouri · 1905
- State v. SharpSupreme Court of Missouri · 1911
- State v. NelsonSupreme Court of Missouri · 1901
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3Cited by3 opinions
- State v. BurtonSupreme Court of Missouri · 1946
- State v. WalkerSupreme Court of Missouri · 1948
- State v. HughesSupreme Court of Missouri · 1914