Legal Opinion

State v. Volz

Supreme Court of Missouri

Decided December 6, 1916PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The requested instruction of defendant in the nature of a demurrer prayed for by defendant at the close of the State’s case, should have been given. Sec. 4472, R. S. 1909, as amended by Laws 1913, p. 218. (2) The instruction given by the court of its own motion is erroneous, in that it is confusing and improperly states the law and punishment thereunder.

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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The requested instruction of defendant in the nature of a demurrer prayed for by defendant at the close of the State’s case, should have been given. Sec. 4472, R. S. 1909, as amended by Laws 1913, p. 218. (2) The instruction given by the court of its own motion is erroneous, in that it is confusing and improperly states the law and punishment thereunder. State v. Schenck, 238 Mo. 429; Sec. 4472, R. S. 1909, as amended by Laws 1913, p. 218. (3) The instruction on circumstantial evidence prayed for by tbe defendant…

1Opinion of the Court

WILLIAMS, C.

Upon an information charging him with having carnal knowledge of an unmarried female of previous chaste character, between the ages of fifteen and eighteen years, defendant was tried in the circuit court of the city of St. Louis, found guilty, and his punishment assessed at a fine of five hundred dollars and six months’ imprisonment in the city jail. Defendant duly appealed. The prosecutrix on May 1, 1914, the date of the alleged offense, was sixteen years, one month and four days old, and resided, with her parents, in the city of St. Louis. About seven p. m. of that day, the…

2Cases cited7 opinions

  1. State v. TaylorSupreme Court of Missouri · 1896
  2. State v. HameySupreme Court of Missouri · 1902
  3. State v. HortonSupreme Court of Missouri · 1913
  4. State v. SchenkSupreme Court of Missouri · 1911
  5. State v. KelleherSupreme Court of Missouri · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. HunterSupreme Court of Missouri · 1979
  2. State v. FrankovigliaSupreme Court of Missouri · 1974
  3. State v. TaylorSupreme Court of Missouri · 1922
  4. State v. BarnesSupreme Court of Missouri · 1920
  5. State v. WellsSupreme Court of Missouri · 1963

1 more not listed; retrieve them via the Exa API.

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