State v. Kyle
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Eon. Frank Kelly, Judge. (1) Instruction number 2, given by tbe court on bebalf of the State is error, and does not properly declare the law.
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Appeal from Pemiscot Circuit Court. — Eon. Frank Kelly, Judge. (1) Instruction number 2, given by tbe court on bebalf of the State is error, and does not properly declare the law. This instruction tells the jury in effect at least that if the prosecutrix lived with the appellant and his family as one of his family (which is a comment on the evidence) regardless of her relation in kinship or otherwise, or appellant’s acts or control over her or whether her conduct was amenable to her mother or her own looking after and regardless of her minding or listening to any advice of appellant, still…
1Opinion of the Court
ROY, C.
Defiling Female. Defendant was convicted of defiling his stepdaughter, Edna Cole, and sentenced to two years in the penitentiary.. He was fifty years old at the time of the trial. He went to Caruthersville in December, 1911, and began boarding with Mrs. Cole, who had been divorced from her second husband, by whom she had three children, Edna, aged fourteen, Olga, aged nine or ten, ¿nd Ches*406ter, aged eight years. She had a son, Kim Wynn, by a former husband. Kim was married and lived near Ms mother, who, with Ms help, had bought a home, a house of four rooms. Prior to her marriage to…
2Cases cited2 opinions
- State v. OakesSupreme Court of Missouri · 1907
- State v. NibargerSupreme Court of Missouri · 1914
3Cited by6 opinions
- Gann v. KeithTexas Supreme Court · 1952
- State v. ComerSupreme Court of Missouri · 1922
- State v. StoneMissouri Court of Appeals · 1994
- Gann v. KeithCourt of Appeals of Texas · 1952
- State v. TaylorSupreme Court of Missouri · 1979
1 more not listed; retrieve them via the Exa API.