People v. McDonald
Michigan Supreme Court
On exceptions from the Recorder’s Court of Detroit. The information charged the defendant that he did “in and upon one Margaret Brown, a female child under the age of ten years, to wit, of the age of seven years, unlawfully make an assault, and her the said Margaret Brown beat, wound and ill treat, with intent her the said Margaret Brown, unlawfully, feloniously and carnally to know and abuse.”
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On exceptions from the Recorder’s Court of Detroit. The information charged the defendant that he did “in and upon one Margaret Brown, a female child under the age of ten years, to wit, of the age of seven years, unlawfully make an assault, and her the said Margaret Brown beat, wound and ill treat, with intent her the said Margaret Brown, unlawfully, feloniously and carnally to know and abuse.” There was proof that defendant was twice on a bed with the child Margaret Brown, in indecent positions, the child not objecting. The defendant asked the court to instruct the jury among other things,…
1Opinion of the Court
Martin Ch. J.:
As this case comes to us upon exceptions, and not by writ of error, we can only look into those matters which do not “appear of record.” The sufficiency of the information is, therefore, not before us.
Whether there is such an offense known to the common law, as an assault with intent carnally to know and abuse, or not, were it questionable, is immaterial; for it is very obvious that there is such an offense known to our statute. Section 5730 of Comp. Laws enacts that, “if any person shall ravish and carnally know any female of the age of .ten years or more, by force and against…
2Cited by61 opinions
- People v. Ora JonesMichigan Supreme Court · 1975
- People v. CornellMichigan Supreme Court · 2002
- People v. StephensMichigan Supreme Court · 1983
- Henning v. StateIndiana Supreme Court · 1886
- People v. AbbottMichigan Supreme Court · 1893
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