State v. Erickson
Wisconsin Supreme Court
OEETIEIED from the Circuit Court for Brown County. Defendant was tried upon an information, which alleged that on the 12th of December, 1877, at, etc., he “ did violently and feloniously make an assault upon the body of one Philo-mela White, a female under the age of ten years, and her, the said Philomela White, with force and against her will, did then and there ravish and carnally know, contrary,” etc.
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OEETIEIED from the Circuit Court for Brown County. Defendant was tried upon an information, which alleged that on the 12th of December, 1877, at, etc., he “ did violently and feloniously make an assault upon the body of one Philo-mela White, a female under the age of ten years, and her, the said Philomela White, with force and against her will, did then and there ravish and carnally know, contrary,” etc. The verdict-declares that the jury “ find the defendant guilty of the crime of rape on one Philomela White, being of the age of over ten years.” After the trial and at the same term,…
1Opinion of the CourtTatlok, J.
We are of the opinion that the learned circuit judge erred in overruling the motion in arrest of judgment, upon the verdict.
■ The information was held by the learned judge a good information under sec. 40, ch. 164, K. S. 1858; and, in case the jury had found that the age of the child upon whom the alleged rape had been committed was under ten years, he would have been compelled to inflict the punishment prescribed by said section, viz., imprisonment in the state prison for life. We concur with the learned circuit judge upon this question. The section reads as follows: “ If any person shall…
2Cases cited4 opinions
- People v. McDonaldMichigan Supreme Court · 1861
- Greer v. StateIndiana Supreme Court · 1875
- Fizell v. StateWisconsin Supreme Court · 1870
- Mobley v. StateMississippi Supreme Court · 1872
3Cited by12 opinions
- Proper v. StateWisconsin Supreme Court · 1893
- State v. BrooksSupreme Court of Iowa · 1917
- Pliemling v. StateWisconsin Supreme Court · 1879
- State v. MeinhartSupreme Court of Missouri · 1881
- Foxwell v. StateCourt of Appeals of Maryland · 1924
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