State v. Burgess
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. W. S. G. Walker, Judge. (1) Tlie court erred in permitting the prosecuting attorney to ask leading questions in his examination-in-chief of the prosecuting witness, practically the entire examination being leading. Since this matter rests in discretion, we have cited no authorities on the point, as the appellate court will decide each case according to the peculiar facts and conditions of that case.
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Appeal from Dunklin Circuit Court. — Hon. W. S. G. Walker, Judge. (1) Tlie court erred in permitting the prosecuting attorney to ask leading questions in his examination-in-chief of the prosecuting witness, practically the entire examination being leading. Since this matter rests in discretion, we have cited no authorities on the point, as the appellate court will decide each case according to the peculiar facts and conditions of that case. (2) .The remark of the court was seriously prejudicial and was clearly expressive of the fact that the court was in sympathy with the prosecutrix, and…
1Opinion of the CourtBrown, P. J.
Convicted of rape and his punishment fixed at five years in the penitentiary, defendant appeals.
*389The information charges defendant with committing the crime of rape upon one Ivena Morris in Dunklin county, on June 7, 1912.
The evidence of the prosecuting witness tends to prove that defendant forced her to submit to sexual intercourse with him by pushing her onto a bed, holding her hands and threatening to slap her. Prosecutrix is a sixteen-year-old girl whose mind is, to some extent, impaired. She was making her home with defendant and his wife on a farm at the date of the alleged offense, the…
2Cases cited11 opinions
- State v. MarcksSupreme Court of Missouri · 1897
- State v. PhillipsSupreme Court of Missouri · 1911
- State v. PollardSupreme Court of Missouri · 1903
- State v. WilliamsSupreme Court of Missouri · 1899
- State v. DeckerMissouri Court of Appeals · 1912
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3Cited by5 opinions
- State v. LeeSupreme Court of Missouri · 1966
- State v. HigginbothamSupreme Court of Missouri · 1934
- State v. BowmanSupreme Court of Missouri · 1917
- State v. HayesSupreme Court of Missouri · 1947
- State v. MackeyNorth Dakota Supreme Court · 1915