State v. Mahoney
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Edward Mahoney was convicted of rape and he appeals. There were really two crimes charged in the information. Section 450 Criminal Code of the State defines Rape — to be— “an act of sexual intercourse under either of the following circumstances: Where the female is under the age of sixteen years.
Read the full summary
Appeal from District Court, Silver Bow County; William Clancy, Judge. Edward Mahoney was convicted of rape and he appeals. There were really two crimes charged in the information. Section 450 Criminal Code of the State defines Rape — to be— “an act of sexual intercourse under either of the following circumstances: Where the female is under the age of sixteen years. Where she resists, but her resistance is overcome by force or violence. ” When the prosecutrix undertook to prove a rape under the 3d and subsequent subdivisions of the Statute, her age became immaterial, and the allegation of the…
1Opinion of the CourtJustice Pigott
Edward Mahoney, convicted of the crime of rape, appeals from the judgment of conviction, and an order denying his motion for a new trial.
1. The information charges that the defendant, on or about the 10th day of January, 1897, and before the filing of the information “did willfully and. unlawfully and feloniously and violently, in and upon one Nellie Corbitt, a female then and there under the age of sixteen years, to wit, of the age of fifteen years, the said Nellie Corbitt not being the wife of the said defendant, Edward Mahoney, make an assault, and her, the said Nellie Corbitt, then and…
2Cases cited1 opinion
- State v. WelchMontana Supreme Court · 1899
3Cited by28 opinions
- State v. HowardMontana Supreme Court · 1904
- Paxton v. WoodwardMontana Supreme Court · 1904
- State v. MyersIdaho Supreme Court · 1922
- State v. BilboaIdaho Supreme Court · 1920
- State v. TullyMontana Supreme Court · 1904
23 more not listed; retrieve them via the Exa API.