State v. Schlichter
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Kent K. Koerner, Judge. (1) The evidence shows that the prosecutrix was not of such unsound mind as to be the subject of a charge of rape upon an insane female. It is not established that defendant knew of and took advantage of such mental infirmity of prosecutrix. Morrow v. State, 79 S. E. 63; Thompson v. State, 33 Tex. Crim. 472; Lee v. State, 43 Tex.
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Appeal from St. Louis City Circuit Court. — Eon. Kent K. Koerner, Judge. (1) The evidence shows that the prosecutrix was not of such unsound mind as to be the subject of a charge of rape upon an insane female. It is not established that defendant knew of and took advantage of such mental infirmity of prosecutrix. Morrow v. State, 79 S. E. 63; Thompson v. State, 33 Tex. Crim. 472; Lee v. State, 43 Tex. Crim. 285; State v. Patrick, 107 Mo. 147; State v. Lawhorn, 250 Mo. 307; State v. Warren, 232 Mo. 200; State v. Cunningham, 100 Mo. 393; 2 Bishop on Criminal Law (6 Ed.), sec. 1121; 1 Wigmore on…
1Opinion of the Court
WILLIAMS, 0.
Rape" Upon an information charging him with rape, defendant was tried in the circuit court of thé city of St. Louis, found guilty, and his punishment assessed at fifteen years in the penitentiary. Defendant duly perfected an ap1 peal to this court.
Prosecutrix was eighteen years of age at the time of the alleged offense and the information charged the defendant with “forcibly ravishing” the prosecutrix. During the progress of the trial, the defendant made a motion that the State be required to elect whether the case should be tried upon the theory that the offense was committed by…
2Cases cited4 opinions
- State v. BrownSupreme Court of Missouri · 1904
- State v. PalmerSupreme Court of Missouri · 1901
- State v. WarrenSupreme Court of Missouri · 1911
- State v. TatlowSupreme Court of Missouri · 1897
3Cited by8 opinions
- State v. CochranSupreme Court of Missouri · 1947
- State v. ParkerSupreme Court of Missouri · 1928
- State v. EvansSupreme Court of Missouri · 1939
- Cone v. StateMissouri Court of Appeals · 2010
- State v. RobinsonSupreme Court of Missouri · 1940
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