State v. Tevis
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. G. A. Benton, Judge. (1) Tb.e court erred in giving to the jury the instruction on behalf of the State, authorizing the conviction of the crime of incest. There was absolutely no evidence to support this conviction.
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Appeal from Henry Circuit Court. — Hon. G. A. Benton, Judge. (1) Tb.e court erred in giving to the jury the instruction on behalf of the State, authorizing the conviction of the crime of incest. There was absolutely no evidence to support this conviction. The only evidence tending to prove any crime was that of the prosecutrix, and her testimony was positive that her father committed the crime of rape upon her — that she never consented to the act, hut that defendant forcibly pushed her hack and forcibly held her and ravished her, and threatened to MU her if she told any one; that she ’…
1Opinion of the CourtBrown, J.
— Defendant was convicted of incest in the circuit court of Henry county. From a judgment fixing his punishment at three years in the penitentiary, he appeals.
The information in this ease contains two counts; in the first, defendant is charged with committing rape upon his daughter, Bessie Tevis; and in the second, with incest, by having sexual intercourse with her.
The State’s evidence tends to prove that defendant is a section foreman on a railroad, and at the time he is charged with committing this crime, resided with his family, consisting of his wife, his son aged eighteen, a daughter…
2Cases cited2 opinions
- State v. GoodaleSupreme Court of Missouri · 1908
- State v. BrownSupreme Court of Missouri · 1908
3Cited by29 opinions
- State v. NelsonMissouri Court of Appeals · 1991
- State of Missouri v. Sylvester PorterSupreme Court of Missouri · 2014
- State v. ThomasSupreme Court of Missouri · 1943
- Carvell v. WinnLouisiana Court of Appeal · 1963
- State v. WilsonSupreme Court of Missouri · 1950
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