State v. McCullough
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. Henry G. Pepper, Judge. (1) The indictment follows the language of the statute creating the offense for which defendant was being tried. Every element constituting the crime is alleged. It fully meets all the requirements of good pleading. State v. Knock, 142 Mo. 522; Ballerson v. State, 63 Ind. 531; State v. Burries, 126 Mo. 565; State v. Johnson, 93 Mo. 317; 2 Bishop’s New Crim.
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Appeal from Lawrence Circuit Court. — Hon. Henry G. Pepper, Judge. (1) The indictment follows the language of the statute creating the offense for which defendant was being tried. Every element constituting the crime is alleged. It fully meets all the requirements of good pleading. State v. Knock, 142 Mo. 522; Ballerson v. State, 63 Ind. 531; State v. Burries, 126 Mo. 565; State v. Johnson, 93 Mo. 317; 2 Bishop’s New Crim. Pro., sec. 960. (2) The State proved every element necessary to constitute the offense. The record conclusively shows: That the defendant had carnal knowledge of the…
1Opinion of the CourtFox, J.
In this case the defendant was indicted at the February term, 1901, of the circuit court of Lawrence county, in pursuance of the provisions of section 1838, Revised Statutes 1899, in which he is charged as being over the age of sixteen and that he had sexual intercourse with one Hattie Higbee, an unmarried female of previous chaste character, between the ages of fourteen and eighteen years.
There was a trial upon this charge which resulted in the conviction of the defendant, and his punishment was fixed at two years in the penitentiary. From the judgment of the court this appeal is prosecuted.
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2Cases cited4 opinions
- State v. DewittSupreme Court of Missouri · 1899
- State v. WilliamsSupreme Court of Missouri · 1899
- State v. MillerSupreme Court of Missouri · 1898
- State v. BowmanSupreme Court of Missouri · 1901
3Cited by3 opinions
- State v. ChurchSupreme Court of Missouri · 1906
- State v. McKenzieSupreme Court of Missouri · 1903
- State v. PerriginSupreme Court of Missouri · 1914