People v. Smith
Michigan Supreme Court
Error to Montmorency; Kelley, J. Silas Smith was convicted of statutory rape, and sentenced to imprisonment for 10 years in the state prison at Marquette. Respondent was convicted of the crime of rape, under section 11489, 3 Comp. Laws 1897. Absence of consent to sexual intercourse was not necessary; the girl, Carrie Frank, upon whom it was alleged the crime was committed, being under 16 years of age. She was 14 years and 11 months old at the time.
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Error to Montmorency; Kelley, J. Silas Smith was convicted of statutory rape, and sentenced to imprisonment for 10 years in the state prison at Marquette. Respondent was convicted of the crime of rape, under section 11489, 3 Comp. Laws 1897. Absence of consent to sexual intercourse was not necessary; the girl, Carrie Frank, upon whom it was alleged the crime was committed, being under 16 years of age. She was 14 years and 11 months old at the time. Three errors are assigned: 1. The court erred in instructing the jury, “The law does not require that she should make any outcry or resistance, in…
1DissentLong, J.
Respondent was convicted under an information charging that on the 23d day of October, 1897, he—
*289“With force and arms, in and upon one Carrie Frank, a female child under the age of sixteen years, to wit, of the age of fourteen years, eleven months, and twenty days, feloniously did make an assault, and her, the said Carrie Frank, then and there feloniously did unlawfully and carnally know and abuse.”
He was sentenced to 10 years’ imprisonment in the state house of correction and branch of the state prison at Marquette.
Carrie Frank was called as a witness, and testified that at that time she…
2Cases cited1 opinion
- Wildey v. CraneMichigan Supreme Court · 1888