State v. Simes
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for the County of Latah. Hon. Edgar C. Steele, Judge. The appellant, Milt Simes, was convicted of the crime of rape committed on a female of unsound mind, and sentenced to imprisonment in the state penitentiary for a term of six years. From the judgment and an order denying his motion for a new trial be appealed.
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APPEAL from the District Court of the Second Judicial District for the County of Latah. Hon. Edgar C. Steele, Judge. The appellant, Milt Simes, was convicted of the crime of rape committed on a female of unsound mind, and sentenced to imprisonment in the state penitentiary for a term of six years. From the judgment and an order denying his motion for a new trial be appealed. When the mental deficiency of a witness is brought to the attention of the court, it becomes the duty of the court, of his own motion, to propound questions to the witness tending to determine his qualifications or lack…
1Opinion of the CourtAilshie, J.
The accused in this case was charged by information of the public prosecutor with the crime of rape, in that he did, at a time and place designated, “have sexual intercourse with a female not his wife, to wit, one Bessie Jones, being then and there a female not the wife of the said defendant and incapable through lunacy and unsoundness of mind of giving legal consent.” Section 6765, Revised Statutes, as amended by act of February 7, 1899 (Sess. Laws 1899, p. 167), defines rape, as follows: “Rape is an act of sexual intercourse accomplished with a female not the wife of the perpetrator, under…
2Cases cited9 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Holcomb v. HolcombSupreme Court of Connecticut · 1859
- Cannady v. LynchSupreme Court of Minnesota · 1881
- City of Guthrie v. ShafferSupreme Court of Oklahoma · 1898
- Lee v. StateCourt of Criminal Appeals of Texas · 1901
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3Cited by24 opinions
- State v. ButlerSupreme Court of New Jersey · 1958
- State v. GarneyIdaho Supreme Court · 1928
- People v. EnrightIllinois Supreme Court · 1912
- State v. CoslerIdaho Supreme Court · 1924
- Wilkinson v. PeopleSupreme Court of Colorado · 1929
19 more not listed; retrieve them via the Exa API.