State v. DeWitt
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Daniel G. Taylor, Judge. (1) The court failed to instruct the jury upon all the issues of law in the case in that the words “carnal knowledge” were not defined, nor was the jury instructed as to what was necessary to find in order to find defendant had had “carnal knowledge” of the prosecutrix.
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Appeal from St. Louis City Circuit Court. — Ho». Daniel G. Taylor, Judge. (1) The court failed to instruct the jury upon all the issues of law in the case in that the words “carnal knowledge” were not defined, nor was the jury instructed as to what was necessary to find in order to find defendant had had “carnal knowledge” of the prosecutrix. State v. Grubb, 55 Kan. 680. (2) The verdict is not responsive to the charge, and is insufficient to support a judgment, in that it does not find that prosecutrix was “of previous chaste character.” 22 Enc. PL and Pr., 873; Clark on Crim. Prac., 485; 1…
1Opinion of the CourtGantt, J.
— The defendant, a married man, was indicted by the grand jury, December 18, 1903, with unlawfully and feloniously having carnal knowledge of the body of Rosa "Weild, an unmarried female of previous chaste character, under the age of eighteen and over fourteen years of age.
Defendant was duly arraigned and upon his trial before a jury, was convicted and sentenced to six months in the city jail and to pay a fine of five hundred dollars. From that sentence he appeals.
This prosecution is founded upon the act of the General Assembly, approved April 8, 1895, making it a felony for any person over…
2Cases cited18 opinions
- State v. HameySupreme Court of Missouri · 1902
- State v. RobinsonSupreme Court of Missouri · 1893
- State v. MaxwellSupreme Court of Iowa · 1875
- State v. . WhitakerSupreme Court of North Carolina · 1883
- State v. JonesSupreme Court of Missouri · 1902
13 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- State v. DenisonSupreme Court of Missouri · 1944
- State v. NeffSupreme Court of Missouri · 1998
- State v. SausseleSupreme Court of Missouri · 1954
- State v. ThursbySupreme Court of Missouri · 1952
- State v. LongSupreme Court of Missouri · 1929
35 more not listed; retrieve them via the Exa API.