State v. Wray
Supreme Court of Missouri
Appeal from Morgan Circuit Cowrt. — Hon. E. L. Edwards, Judge. (1) The circuit court erred in sustaining the demurrer to the indictment.
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Appeal from Morgan Circuit Cowrt. — Hon. E. L. Edwards, Judge. (1) The circuit court erred in sustaining the demurrer to the indictment. The indictment is founded upon section 3480 of the Revised Statutes of 1889. It follows the indictment heretofore approved by this court in the case of State v. Meinhart, 73 Mo. 562. See also ease of State v. Smith, 80 Mo. 516. (2) The objection raised in the demurrer, that section 3480 of Eevised Statutes of 1889 is unconstitutional, and that the change of the age of consent from twelve years to fourteen years is an interpolation made without authority, is…
1Opinion of the CourtMacfarlane, J.
A demurrer to the indictment was sustained, and the state appealed. The charges contained in the indictment were as follows: “That James M. Wray, late of the county of Morgan, on or about the twenty-second day of August, A. D. 1890, at the said, county of Morgan, in the state of Missouri, in and upon one Nora E. G-aither, a female child under the age of fourteen years, to-wit, of the age of thirteen years, unlawfully and feloniously did make an assault, with the intent her, the said Nora E. G-aither, then and there feloniously to unlawfully and carnally know and abuse, contrary,” etc.
Two…
2Cases cited6 opinions
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
- Weyand v. StoverSupreme Court of Kansas · 1886
- Stephens v. StateIndiana Supreme Court · 1886
- State v. DaltonSupreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. HameySupreme Court of Missouri · 1902
- Ross v. StateWyoming Supreme Court · 1908
- Addison v. PeopleIllinois Supreme Court · 1901
- State v. BakerSupreme Court of Missouri · 1955
- Lee v. StateCourt of Criminal Appeals of Oklahoma · 1912
15 more not listed; retrieve them via the Exa API.