State v. DeGroat
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. William M. Kinsey, Judge. (1) The uncorroborated testimony of the prosecuting witness is so contradictory, so. at variance with the physical facts and the laws of nature, and so in conflict with the other evidence in the case, as to render it insufficient to support a conviction upon a criminal charge.
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Appeal from St. Louis City Circuit Court. — lion. William M. Kinsey, Judge. (1) The uncorroborated testimony of the prosecuting witness is so contradictory, so. at variance with the physical facts and the laws of nature, and so in conflict with the other evidence in the case, as to render it insufficient to support a conviction upon a criminal charge. (2) The State wholly failed to prove that the alleged operation was not necessary to save the life of the prosecuting witness or an unborn child, and there was no evidence of her healthy condition from which the jury might draw that inference.…
1Opinion of the CourtFaris, J.
Appellant, convicted and fined $100 in the circuit court of the city of St. Louis upon the charge of abortion, appeals.
The facts are substantially thus: One Bose Ellis, a young married woman, 24 years old, residing in St. Louis, temporarily estranged and living apart from her husband, being pregnant and having been informed, as she says, by some girl friends, that the services of defendant could be enlisted for a consideration to rid her of the unborn child, went on the 17th day of June, 1912, on a street car unaccompanied to see defendant for this purpose. She found defendant, who is a…
2Cases cited26 opinions
- People v. BalkwellCalifornia Supreme Court · 1904
- Peoples v. CommonwealthCourt of Appeals of Kentucky · 1888
- State v. ClementsOregon Supreme Court · 1887
- State v. WellsUtah Supreme Court · 1909
- Johnson v. PeopleSupreme Court of Colorado · 1905
21 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- People v. GallardoCalifornia Supreme Court · 1953
- People v. MaloneCalifornia Court of Appeal · 1947
- State v. AchterMissouri Court of Appeals · 1974
- State v. TevisMissouri Court of Appeals · 1960
- State v. Lasson.Supreme Court of Missouri · 1922
24 more not listed; retrieve them via the Exa API.