Legal Opinion

Linville v. Green

Missouri Court of Appeals

Decided May 6, 1907PublishedCited by 5 opinions

Appeal from Ray Circuit Court. — Horn. Joshua W. Alex- ■ ander, Judge. (1) Tbe petition was to recover damages for assault with intent to rape, but plaintiff testified that she was raped. Now, whether this testimony was with or without probative force in view of the surroundings, it Avas insufficient to sustain the cause of action declared on. It was error to refuse the demurrer to the evidence. 1 Bishop’s Crim. Law (7 Ed.), sec. 786; 20 Am. and Eng. Ency.

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Appeal from Ray Circuit Court. — Horn. Joshua W. Alex- ■ ander, Judge. (1) Tbe petition was to recover damages for assault with intent to rape, but plaintiff testified that she was raped. Now, whether this testimony was with or without probative force in view of the surroundings, it Avas insufficient to sustain the cause of action declared on. It was error to refuse the demurrer to the evidence. 1 Bishop’s Crim. Law (7 Ed.), sec. 786; 20 Am. and Eng. Ency. Law (2 Ed.), pp; 603, 605; R: S. 1899, sec. 2361; State v. White, 35 Mo. 500; State v. Scott, 172 Mo. 545. (2) The evidence of plaintiff,…

1Opinion of the CourtJohnson, J.

The cause of action pleaded in the petition appears in the allegations “that on or about the twenty-fifth day of October, 1903, the defendant unlawfully, willfully, maliciously, lasciviously and licentiously made an assault upon plaintiff and did then and there rudely, wrongfully, lasciviously and maliciously touch, beat, injure, pull, jerk and throw down the plaintiff upon the floor and otherwise forcibly and wrongfully injure and mistreat the plaintiff, . . . that the assault and battery aforesaid committed by the defendant upon the person of the plaintiff was wanton and malicious. ’ ’ For…

2Cases cited5 opinions

  1. State v. ScottSupreme Court of Missouri · 1903
  2. Champagne v. HameySupreme Court of Missouri · 1905
  3. Robinson v. MusserSupreme Court of Missouri · 1883
  4. State v. WhiteMissouri Court of Appeals · 1893
  5. State v. FulkersonMissouri Court of Appeals · 1903

3Cited by5 opinions

  1. Edmisten v. DousetteMissouri Court of Appeals · 1960
  2. Kramer v. WeigandNebraska Supreme Court · 1912
  3. Booher v. TrainerMissouri Court of Appeals · 1913
  4. Panama Mail S. S. Co. v. VargasCourt of Appeals for the Ninth Circuit · 1929
  5. Holloway ex rel. Hollaway v. ShepardsonSupreme Court of Missouri · 1953

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