State v. Ruth
Supreme Court of Arkansas
Appeal from Pawnee District Court. Martin Ruth was charged by information with having committed the crime of rape. The information stated “that on or about the 28th day of July, 1878, at the county of' Ness and state of Kansas — the said Ness county being attached to the county of Pawnee for judicial purposes — one Martin Ruth, then and there being, did then and there unlawfully and feloniously commit a rape upon Ida F., a woman upwards of ten years of age, by forcibly and…
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Appeal from Pawnee District Court. Martin Ruth was charged by information with having committed the crime of rape. The information stated “that on or about the 28th day of July, 1878, at the county of' Ness and state of Kansas — the said Ness county being attached to the county of Pawnee for judicial purposes — one Martin Ruth, then and there being, did then and there unlawfully and feloniously commit a rape upon Ida F., a woman upwards of ten years of age, by forcibly and against her will, ravishing her, the said ída F.” Trial at the adjourned June Term, 1878, of the district court. The jury…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant was convicted in the district court of Pawnee county of the crime of rape, and from such conviction brings this appeal. Several questions are presented in the record. It is alleged that the information was insufficient for lack of a proper verification. The verification was defective, but the defect was waived by the defendant’s pleading to the merits and going to trial. (State v. Otey, 7 Kas. 69.) The jurisdiction of the court was challenged. The prosecution was in the district court of Pawnee county, and the offense charged to…
2Cases cited7 opinions
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- Turner v. PeopleMichigan Supreme Court · 1876
- Bemis v. BeckerSupreme Court of Kansas · 1862
- Commonwealth v. McDonaldMassachusetts Supreme Judicial Court · 1872
- Wood v. BartlingSupreme Court of Kansas · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Morrell v. IngleSupreme Court of Kansas · 1879
- State v. McCafferyMontana Supreme Court · 1895
- State v. McLemoreSupreme Court of Kansas · 1917
- State v. CowingSupreme Court of Minnesota · 1906
- In Re CummingsSupreme Court of Oklahoma · 1901
8 more not listed; retrieve them via the Exa API.