Kevern v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Stephenson county; the Hon. Oscar E. Heard, Judge, presiding. Merrill E. Kevern, plaintiff in error, was twice indicted at the June term, 1906, of the circuit court of Stephenson county. Each indictment charged him with the crime of rape upon one Ida Nickel, a girl fifteen years of age at the time of the alleged offenses.
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Writ op Error to the Circuit Court of Stephenson county; the Hon. Oscar E. Heard, Judge, presiding. Merrill E. Kevern, plaintiff in error, was twice indicted at the June term, 1906, of the circuit court of Stephenson county. Each indictment charged him with the crime of rape upon one Ida Nickel, a girl fifteen years of age at the time of the alleged offenses. The case at bar was tried at that term, a verdict of guilty returned, and the jury fixed the punishment at one year in the penitentiary. After a motion for a new trial and a motion in arrest of judgment were overruled judgment was…
1Opinion of the CourtChief Justice Scott
The People charge the crime to have been committed in a room in Kevern’s residence on the night of October 24, 1905. The charge rests solely upon the evidence of the prosecutrix, which is emphatically denied by Kevern, who testified that he never at any time had sexual intercourse with her. She swears positively that the offense was perpetrated on that night. It seems reasonably certain from this record that Ida Nickel was not in this house on that night, the preceding night nor for several nights thereafter, and that if this crime was committed in a room therein, as she says it was, it…
2Cases cited4 opinions
- Globe Accident Insurance v. GerischIllinois Supreme Court · 1896
- Gannon v. PeopleIllinois Supreme Court · 1889
- Stevens v. PeopleIllinois Supreme Court · 1895
- Cunningham v. StateIllinois Supreme Court · 1904
3Cited by7 opinions
- People v. DuncanIllinois Supreme Court · 1913
- People v. CassidyIllinois Supreme Court · 1918
- People v. GardnerIllinois Supreme Court · 1954
- People v. AmbachIllinois Supreme Court · 1910
- State v. ThomasWyoming Supreme Court · 1928
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