State v. Yocum
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) The conversation between the prosecuting witness and Mrs. Swartz in relation to what occurred at the time the rape was charged to have been committed was competent as a part of the res gestee. Brownell v. Railroad, 47 Mo. 239; State v. Sloan, 47 Mo. 611; H'arriman v. Stowe, 57 Mo. -96; Leahey v. Railroad, 97 Mo. 165. The giving of instructions which are misleading is error.
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Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) The conversation between the prosecuting witness and Mrs. Swartz in relation to what occurred at the time the rape was charged to have been committed was competent as a part of the res gestee. Brownell v. Railroad, 47 Mo. 239; State v. Sloan, 47 Mo. 611; H'arriman v. Stowe, 57 Mo. -96; Leahey v. Railroad, 97 Mo. 165. The giving of instructions which are misleading is error. State v. Bailey, 57 Mo. 131; State v. Patterson, 98 Mo. 283; State v. Herr ell, '97 Mo. 105; State v. Graham,, 96 Mo. 120. (2) To constitute rape, the act…
1Opinion of the CourtGantt, P. J.
At the September term, 1892, of the Jasper circuit court, an indictment containing two counts was returned by the grand jury, the first charging the defendant with rape upon Nancy Roten; the second, with an assault with intent to rape her on the night of the fourth of August, 1892.
Defendant was duly arraigned, and entered his plea of “not guilty.” The cause was tried at Joplin at the December term, 1892, and the following verdict rendered by the jury:
“We, the jury, find the defendant, Chris. Yocum, guilty of an assault to commit rape, and assess the penalty at three years in the penitentiary.
“…
2Cases cited2 opinions
- State v. NoeningerSupreme Court of Missouri · 1891
- McMillen v. StateSupreme Court of Missouri · 1850
3Cited by2 opinions
- Brown v. StateWisconsin Supreme Court · 1906
- Kelly v. StewartMissouri Court of Appeals · 1902