Legal Opinion

State v. Pierce

Supreme Court of Missouri

Decided June 1, 1912PublishedCited by 3 opinions

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Appeal from Ray Circuit Court. — Hon. F. H. 1 Trimble, Judge. (1) The plea in abatement should have been sustained for the reason that the defendant was not accorded a preliminary examination. Laws 1907, sec. 2476a. This ease was appealed before decision in case of State v. Schenk, 238 Mo. 429, and we ask the court to again consider this point. (2) The demurrer to the evidence should have been sustained because the evidence is insufficient to convict the defendant of the crime of assault with intent to commit rape. State v. Priestley, 74 Mo. 24; State v. Owsley, 102 Mo. 678; State v. Scholl,…

1Opinion of the CourtBrown, P. J.

Defendant was convicted of the crime of assault with intent to ravish one Ruth Old-ham in Ray county, Missouri. He appeals from a judgment of the circuit court of that county fixing his punishment at two years in the penitentiary.

The defendant, a farmer, twenty-seven years old, resided with his grandmother. Prosecutrix, eighteen years old, lived with her father on a farm near defendant. Both ol them bore a good reputation prior to the commission of the crime of which defendant was convicted.

Defendant was a suitor of prosecutrix for a pe^ riod of twenty months prior to August 1, 1911. He…

2Cases cited7 opinions

State v. ShaefferSupreme Court of Missouri · 1886
State v. SchenkSupreme Court of Missouri · 1911
State v. PriestleySupreme Court of Missouri · 1881
State v. SchollSupreme Court of Missouri · 1895
State v. OwsleySupreme Court of Missouri · 1890

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

State v. ComerSupreme Court of Missouri · 1922
State v. PinkardSupreme Court of Missouri · 1927
State v. SinclairSupreme Court of Missouri · 1913