State v. Alcorn
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. John W. Wofford, Judge. (1) It is the duty of the trial court to instruct on the low grades of the offense which the evidence tends ■to prove. State- v. Turlington, 102 Mo. 642. (2) In.struction number 9 does not define either an assault or a rape. Furthermore it is erroneous in that it assumes that the witness Ola B. Sanders was under fourteen years of age. (3) The court should have instructed on common assault.
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Appeal from Jackson Criminal Court. — Hon. John W. Wofford, Judge. (1) It is the duty of the trial court to instruct on the low grades of the offense which the evidence tends ■to prove. State- v. Turlington, 102 Mo. 642. (2) In.struction number 9 does not define either an assault or a rape. Furthermore it is erroneous in that it assumes that the witness Ola B. Sanders was under fourteen years of age. (3) The court should have instructed on common assault. State v. Banks, 73 Mo. 592; State v. Mwrphy, 14 Mo. App. 73. (1) It is complained that the court admitted illegal testimony on the part of…
1Opinion of the CourtGantt, P. J.
The testimony shows that the pros-, ecutrix resided with her father at 3024 Harrison street, in Kansas City, Missouri; that on the eighth day of May, 1896, she attended the Longfellow public school at the corner of Twenty-ninth and Holmes streets, which was in the vicinity and a little northwest of her home; that upon the dismissal of school at noon, on the eighth, she went, as she was accustomed to do, to her home for lunch; that upon her return, at 12:30 o’clock, and after she had crossed Thirtieth street on Harrison, she noticed defendant sitting under a tree some eight or ten feet from…
2Cited by6 opinions
- State v. McDonaldMontana Supreme Court · 1915
- State v. JordanSupreme Court of Missouri · 1920
- State v. HoagSupreme Court of Missouri · 1911
- State v. MillerSupreme Court of Missouri · 1915
- State v. PinkardSupreme Court of Missouri · 1927
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