Legal Opinion

State v. Schomaker

Supreme Court of Minnesota

Decided May 20, 1921No. 22,272PublishedCited by 8 opinions

Defendant was indicted by the grand jury of Wabasha county charged with the crime of rape, tried in the district court for that county before Callaghan, J., and a jury and found guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

1Opinion of the CourtDibell, J.

The defendant was convicted of rape and ’appeals from the order denying his motion for a new trial.

1. On the evening of May 12, 1920, the defendant and the prosecutrix went on an auto drive. The prosecutrix claims that he took her out of the auto, on a main traveled road, that she struggled for an hour, and that he accomplished the crime. She was driven home about midnight. She claims that the next morning she complained to her mother. They went together to the doctor. The doctor found evidences of recent intercourse. There was some swelling and sensitiveness. No bruises were noticed. The…

2Cases cited3 opinions

  1. State v. ConnellySupreme Court of Minnesota · 1894
  2. State v. IagoSupreme Court of Minnesota · 1896
  3. Bunkers v. PetersSupreme Court of Minnesota · 1913

3Cited by8 opinions

  1. State v. DeZelerSupreme Court of Minnesota · 1950
  2. State v. CoxSupreme Court of Minnesota · 1927
  3. State v. BoiceSupreme Court of Minnesota · 1923
  4. State v. WittSupreme Court of Minnesota · 1924
  5. Sargent v. BryanSupreme Court of Minnesota · 1926

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