People v. Schoonmaker
Michigan Supreme Court
Exceptions before judgment from Emmet; Adams, J. Earl Schoonmaker was convicted of statutory rape.
1Opinion of the CourtMontgomery, J.
The respondent was convicted of statutory rape. The complaining witness was at the time under 16 years of age. It is not claimed that the act of intercourse was against, the will of the complaining witness, but the offense is under the statute ample without such proof, as she is in the law incompetent to give consent. People v. Ten Elshof, 92 Mich. 167.
When the complaining witness was called to the stand, she was interrogated by the respondent’s counsel as to her competency. From the examination it appears that she had gone through a form of marriage with respondent before the judge of…
2Cases cited1 opinion
- People v. TenElshofMichigan Supreme Court · 1892
3Cited by9 opinions
- State v. VolpeSupreme Court of Connecticut · 1931
- People v. CurialeCalifornia Supreme Court · 1902
- Norman v. StateTennessee Supreme Court · 1912
- State v. FreySupreme Court of Minnesota · 1899
- State v. FesteSupreme Court of Minnesota · 1939
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