Legal Opinion
State v. Davis
Supreme Court of New Hampshire
Decided May 23, 1967No. 5562PublishedCited by 21 opinions
1Opinion of the CourtLampron, J.
Where, as in RSA 585:16, tire statute does not expressly describe the female involved as one not the wife of the accused, it is not necessary for the State to allege or prove that the complaining witness was not the wife of the defendant. People v. Walden, 21 Ill. 2d 164, 168; 75 C.J.S., Rape, s. 38, p. 501. If they were in fact husband and wife, which would prevent the intercourse from being unlawful, this would be a matter of defense. 44 Am Jur., s. 44, p. 928. See Annot. 84 A.L.R. 2d 1017, 1019.
*160It is well established that an essential element of the crime of rape is sexual penetration.…
2Cases cited13 opinions
- The PEOPLE v. RichardsonIllinois Supreme Court · 1965
- Nider v. CommonwealthCourt of Appeals of Kentucky · 1910
- State v. WilsonOregon Supreme Court · 1959
- State v. NathanSupreme Court of Connecticut · 1952
- Craig v. StateCourt of Appeals of Maryland · 1957
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Collins v. StateMississippi Supreme Court · 1997
- State v. BlakeSupreme Court of New Hampshire · 1973
- State v. KilgusSupreme Court of New Hampshire · 1986
- Allen v. PeopleSupreme Court of Colorado · 1971
- People v. HouserColorado Court of Appeals · 2013
16 more not listed; retrieve them via the Exa API.