State v. Katz
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Kent K. Koerner, Judge. (1) Sec. 4726, R. S. 1909, as repealed and reenacted, Laws 1911, p. 198, does not make the acts alleged in the information or testified to in the evidence a criminal offense.
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Appeal from St. Louis City Circuit Court. — Hon. Kent K. Koerner, Judge. (1) Sec. 4726, R. S. 1909, as repealed and reenacted, Laws 1911, p. 198, does not make the acts alleged in the information or testified to in the evidence a criminal offense. It was not an offense at common, law, nor under this- statute, nor is there any other statute applicable, (a) In determining the meaning of the words “the abominable, and detestable crime against nature,” we must have recourse to the common law. In interpreting the criminal statutes, which fail to define the denounced offense, common law definitions…
1Opinion of the CourtRevelle, J.
By information filed in the circuit court of the city of St. Louis it is charged that the defendant “did wickedly, feloniously, and against the order of nature, commit the detestable and abominable crime against nature with one Mary Emmenger, a female person, by then and there wickedly and feloniously insei'ting and thrusting the sexual organ of him, the said Albert Katz, into the mouth of her, the said Mary Emnienger; the said Albert Katz being then and there a male'person.”
Defendant was tried and convicted and his punishment assessed at imprisonment in the penitentiary for a term of two and…
2Cases cited11 opinions
- Honselman v. PeopleIllinois Supreme Court · 1897
- State v. SpraySupreme Court of Missouri · 1903
- State v. ConwaySupreme Court of Missouri · 1912
- Kelly v. PeopleIllinois Supreme Court · 1901
- State v. MyersSupreme Court of Missouri · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. CrawfordSupreme Court of Missouri · 1972
- State v. ScownSupreme Court of Missouri · 1958
- State v. SwinburneSupreme Court of Missouri · 1959
- State v. OswaldSupreme Court of Missouri · 1957
- State v. WardSupreme Court of Missouri · 1970
15 more not listed; retrieve them via the Exa API.