Legal Opinion

State v. Decker

Missouri Court of Appeals

Decided February 5, 1912PublishedCited by 18 opinions

Appeal from Greene Criminal Court. — Hon. Alfred Page, Judge. (1) The trial court erred in refusing to admit evidence showing the prosecutrix’s interest in this case. R, S. 1909, secs. 6354, 6230; R. S. 1899, secs. 2637, 4652; Hess v. Bakery, 210 Mo. 57; State v. Barling, 202 Mo. 170; State v. Thornhill, 177 Mo. 691; State -v. Nelson, 166 Mo. 191; 3 Eney. of Evidence, 771.

1Opinion of the CourtGray, J.

This case is pending in this court on defendant’s appeal from a judgment of the criminal court of Greene county, convicting’him of a common assault. The information charged that the defendant made a felonious assault upon one Mrs. Chumley, with the intent to forcibly rape and carnally know her. The trial was before a jury and an instruction was given to the effect that the testimony did not authorize a conviction for felonious assault, but authorized a conviction for common assault, and the jury returned a verdict of guilty and assessed the punishment at a fine of $1.

The prosecuting witness,…

2Cases cited14 opinions

  1. Dotterer v. StateIndiana Supreme Court · 1909
  2. Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
  3. State v. ConstantineWashington Supreme Court · 1908
  4. State v. TawneySupreme Court of Kansas · 1909
  5. State v. DarlingSupreme Court of Missouri · 1907

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3Cited by18 opinions

  1. Villaroman v. United StatesCourt of Appeals for the D.C. Circuit · 1950
  2. State v. PigquesSupreme Court of Missouri · 1958
  3. State v. DoughtySupreme Judicial Court of Maine · 1979
  4. State v. HartSupreme Court of North Carolina · 1954
  5. Martin v. StateCourt of Appeals of Maryland · 2001

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