State v. Halford
Utah Supreme Court
Appeal from the First District Court, Box Elder County, Hon. C. H. Hart, Judge. Defendant was convicted of the crime of rape and appeals. The opinion states the facts. The proof made in this case does not meet the' law. As beai’ing upon the question we submit the following cases: Curby v. Territory, 42 Pac.
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Appeal from the First District Court, Box Elder County, Hon. C. H. Hart, Judge. Defendant was convicted of the crime of rape and appeals. The opinion states the facts. The proof made in this case does not meet the' law. As beai’ing upon the question we submit the following cases: Curby v. Territory, 42 Pac. Rep. 953; Rhea v. State, 175 W. Rep. 931; Whittaker v. State, 50 Wis. 518; People v. Dohring, 59 N. Y. 374; Tittle v. State, 38 5. W. Rep. 202. If the woman was in her senses, unless overpowered by fear, or terrorized by a display of force, she must have resisted to the extent of her…
1Opinion of the Court
Miner J. :
The defendant was convicted of the crime of rape. The errors upon which the defendant relies for a reversal of the judgment are that the evidence was wholly insufficient to support the verdict of conviction, and that the court erred in not instructing the jury to acquit the defendant.
It appears from the testimony that the defendant was married to a sister of the prosecutrix. The parties were well acquainted with each other, and the prosecutrix lived in defendant’s family prior to her marriage. The prosecuting witness, among other things, testified in substance, that defendant came…
2Cases cited4 opinions
- Strang v. PeopleMichigan Supreme Court · 1871
- People v. BrownMichigan Supreme Court · 1884
- State v. McCuneUtah Supreme Court · 1898
- Maillet v. PeopleMichigan Supreme Court · 1879
3Cited by2 opinions
- Wright v. Union Pacific RailroadUtah Supreme Court · 1900
- State v. ImlayUtah Supreme Court · 1900