State v. Glave
Supreme Court of Kansas
Appeal from Osborne District Court. Prosecution for. rape. The opinion states the case. The verdict in this case is contrary to the evidence, and wholly unsupported by any evidence, either direct or circumstantial. The court erred in not sustaining the demurrer to the evidence, and in refusing to instruct the jury to find a verdict in favor of the defendant.
Read the full summary
Appeal from Osborne District Court. Prosecution for. rape. The opinion states the case. The verdict in this case is contrary to the evidence, and wholly unsupported by any evidence, either direct or circumstantial. The court erred in not sustaining the demurrer to the evidence, and in refusing to instruct the jury to find a verdict in favor of the defendant. The court should have sustained the demurrer to the evidence, for the reason that there is not sufficient evidence that the injured witness, Mary E. Cook, was under the age of 18 years at the time the alleged crime was committed. The…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
The defendant, Otto Glave, was convicted of the crime of rape, committed on Mary E. Cook, a child under the age of 18 years.
The first error alleged by the appellant is, that the defendant was not arraigned, or called on to plead to the information before the trial. The record contains this statement: “The parties announced themselves ready for trial,” after having recited that “ the defendant was present in person and with his attorneys.” After the first witness had been sworn, and had testified with reference to some unimportant matters, the…
2Cases cited3 opinions
- State v. PfefferleSupreme Court of Kansas · 1886
- State v. LewisSupreme Court of Kansas · 1872
- State v. WilsonSupreme Court of Kansas · 1889
3Cited by12 opinions
- Diggs v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- State of Kansas v. RobertsSupreme Court of Kansas · 1915
- State v. LarkinSupreme Court of Missouri · 1913
- State v. CruseSupreme Court of Kansas · 1923
- State v. StitzSupreme Court of Kansas · 1922
7 more not listed; retrieve them via the Exa API.