State v. Scholl
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. John E. Byland, Judge. (1) Instruction number 1 given on the part of the state is erroneous in that it authorizes the jury to assess defendant’s punishment at imprisoment in the penitentiary for a term not less than two years. State ex rel.
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Appeal from Lafayette Circuit Court. — Hon. John E. Byland, Judge. (1) Instruction number 1 given on the part of the state is erroneous in that it authorizes the jury to assess defendant’s punishment at imprisoment in the penitentiary for a term not less than two years. State ex rel. Baker v. Frala, 47 Mo. 310; Mustek v. Bailroad, 114 Mo. 309. (2) The evidence in this case did not authorize or justify the trial court in giving any instruction as to the question of an assault with intent to rape. State v. White, 52 Mo. App. 285; State v. Owsley, 102 Mo. 678. (1) The verdict is sustained by the…
1Opinion of the CourtBubgess, J.
At the October term, 1894, of the Lafayette circuit court the defendant was indicted for assault upon Mrs. Maggie Hupman, with intent to ravish and carnally know her. At the same term he was tried and convicted and his punishment fixed at two years’ imprisonment in the penitentiary. From that judgment he has prosecuted his appeal.
The testimony of Mrs. Hupman was about as follows: That about 3 o’clock in the afternoon on Monday, October 1, 1895, the defendant came to her house where she was entirely alone, her children, three in number, being at school, and her husband in the country threshing…
2Cases cited3 opinions
- State v. PriestleySupreme Court of Missouri · 1881
- State v. HenleySupreme Court of Missouri · 1860
- State v. OwsleySupreme Court of Missouri · 1890
3Cited by11 opinions
- Levy v. Kansas CityCourt of Appeals for the Eighth Circuit · 1909
- Price v. StateCourt of Criminal Appeals of Texas · 1896
- State v. WhitakerSupreme Court of Missouri · 1955
- State v. AdamsMissouri Court of Appeals · 1976
- State v. GriffinSupreme Court of Missouri · 1928
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