State v. Warren
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Eon. F. G. Johnston, Judge. (1) An indictment or information against a defendant must contain an allegation of every substantive fact which, the State is required to prove in order to secure a conviction.
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Appeal from Newton Circuit Court. — Eon. F. G. Johnston, Judge. (1) An indictment or information against a defendant must contain an allegation of every substantive fact which, the State is required to prove in order to secure a conviction. State v. Murphy, 141 Mo. 270; State v. Green, 111 Mo. 585; State v. Reed, 117 Mo. 604; State v. Evans, 128 Mo. 406; State v. Blan, 69 Mo. 317. (2) It devolves upon the State to prove beyond a reasonable doubt that the alleged injured party was so mentally deranged that she could not, at the time of the sexual act, give her consent. (3) Also to prove that…
1Opinion of the CourtFerriss, J.
The defendant was convicted in the circuit court of Newton county of the crime of rape alleged to have been committed November 7, 1909, upon the person of Narcissa Foster, a married woman, and his punishment fixed at six years in the penitentiary. The trial- proceeded upon the following information :
“N,ow comes Albert D. Bennett, prosecuting attorney within and for the county of Newton, State of Missouri, under his oath of office and upon his information and belief informs the court, and presents and charges to the court, that H. J. Warren, on the 7th day *189of,November, A. D. 1909, at tbe…
2Cases cited2 opinions
- State v. CunninghamSupreme Court of Missouri · 1889
- State v. TarrSupreme Court of Iowa · 1869
3Cited by16 opinions
- State v. GrayMissouri Court of Appeals · 1973
- State v. DombroskiSupreme Court of Minnesota · 1920
- State v. PreslarSupreme Court of Missouri · 1927
- State v. SchlichterSupreme Court of Missouri · 1915
- Wilson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1942
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