State v. Huff
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. D. H. Hby, Judge. (1) There is no evidence in this case to support a verdict for rape, (a) To support a verdict of conviction for rape there must be proof of force used on the part of defendant, or intimidation; and of the utmost resistance on the .part of the prosecuting witness. R. S. 1889-, sec. 3480; State v. Burgdorf, 53 Mo. 65; State v. Perkins, 11 Mo. App. 82. (b) Prosecuting witness was not corroborated.
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Appeal from Pike Circuit Court. — Hon. D. H. Hby, Judge. (1) There is no evidence in this case to support a verdict for rape, (a) To support a verdict of conviction for rape there must be proof of force used on the part of defendant, or intimidation; and of the utmost resistance on the .part of the prosecuting witness. R. S. 1889-, sec. 3480; State v. Burgdorf, 53 Mo. 65; State v. Perkins, 11 Mo. App. 82. (b) Prosecuting witness was not corroborated. “The prosecutrix, in a trial for rape must be corroborated and when her testimony as to the perpetration of the alleged offense is explicitly…
1Opinion of the Court
SHEEWOOD, P. »T.
Ten years in the penitentiary was the term of punishment which the jury awarded to defendant on a charge of having ravished his stepdaughter Hattie Kent, a girl of fifteen years of age, on the sixth day of October, 1898, and judgment went according to the verdict.
One of the grounds of the motion for a new trial is that there is no evidence to support the verdict. The evidence has, in consequence, been most thoroughly examined.
Numerous errors are also assigned as reasons for reversing the judgment rendered. The statements made by counsel on either side are far from…
2Cases cited12 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- State v. PatrickSupreme Court of Missouri · 1891
- State v. ButlerSupreme Court of Missouri · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. GregorySupreme Court of Missouri · 1936
- State v. RichettiSupreme Court of Missouri · 1938
- Swain v. StateCourt of Criminal Appeals of Texas · 1905
- Heiman v. FelderSupreme Court of Iowa · 1916
- State v. ParkerMissouri Court of Appeals · 1964
15 more not listed; retrieve them via the Exa API.