State v. Harris
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. John Gt. Weab, Judge. (1) The indictment is insufficient. It does not charge the defendants with carnally knowing her or ravishing her. (a) It charges an assault and no more.- (b) It charges an impossibility, to wit: That three persons committed the ra-pe at the same moment of time on the same person. They should have been indicted separately.
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Appeal from Dunklin Circuit Court. — Hon. John Gt. Weab, Judge. (1) The indictment is insufficient. It does not charge the defendants with carnally knowing her or ravishing her. (a) It charges an assault and no more.- (b) It charges an impossibility, to wit: That three persons committed the ra-pe at the same moment of time on the same person. They should have been indicted separately. State v. Gray, 21 Mo. 492. (2) The court erred in permitting the witness Foster to detail an alleged conversation had with defendant, Harris, several days prior to the alleged rape. It was irrelevant. (3) The…
1Opinion of the CourtGantt, P. J.
At the July term, 1894, of the circuit court of Dunklin county, the defendant was jointly indicted with Coon Owen and Henry Justice, for. the rape of Lizzie Edwards.
The defendant in some way managed to escape trial until January, 1898. Such a delay in a public prosecution is inexcusable.
The transcript sent to this court does not contain the organization of the court, the impaneling of the grand jury or the return of the indictment nor the arraignment. All of these steps should .appear in the record sent to this court.
The indictment, leaving off the formal parts, is as follows :
“The grand…
2Cases cited7 opinions
- State v. MarcksSupreme Court of Missouri · 1897
- State v. ShieldsSupreme Court of Connecticut · 1877
- State v. CunninghamSupreme Court of Missouri · 1889
- State v. MintonSupreme Court of Missouri · 1893
- State v. MelroseSupreme Court of Missouri · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Vogel v. StateWisconsin Supreme Court · 1909
- Parrett v. StateIndiana Supreme Court · 1928
- State v. BurlisonSupreme Court of Missouri · 1926
- Hanks v. StateNebraska Supreme Court · 1911
- State v. NewmanMissouri Court of Appeals · 1985
4 more not listed; retrieve them via the Exa API.