State v. Aitken
Supreme Court of Missouri
Appeal from Jefferson Circuit Court.- — Ho». E. M. Dearing, Judge. (1) The evidence wholly fails to connect the defendants with the act of abortion, if any were committed, .resulting in the death of Lilby Anna Aitken.
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Appeal from Jefferson Circuit Court.- — Ho». E. M. Dearing, Judge. (1) The evidence wholly fails to connect the defendants with the act of abortion, if any were committed, .resulting in the death of Lilby Anna Aitken. There is an entire absence of those facts which, in cases of this hind, usually establish by circumstantial evidence the guilt of the accused.- On the contrary, the State’s ease abounds in facts which circumstan-' tially point to the innocence and the consciousness of innocence of the defendants. In the light of all past cases wherein the' court has passed on the question of the…
1Opinion of the CourtFerriss, P. J.
Appeal of defendants, convicted in the circuit court of Jefferson county of manslaughter by producing an abortion upon lilby Anna Aitken, wife of defendant Charles Aitken, and sentenced to three years in the penitentiary.
The testimony for the State tended to prove the following facts:
Lilby Anna Blake was eighteen years old on April 18, 1911, and married Charles Aitken, defendant, on May 7, 1911. The Blake and Aitken families lived in the town of DeSoto, and for about one month prior to her said marriage Lilby Anna Blake had been living at the house of defendant Martha P. Aitken and her son,…
2Cases cited3 opinions
- State v. FoleySupreme Court of Missouri · 1898
- State v. DavidSupreme Court of Missouri · 1895
- State v. HarrisSupreme Court of Missouri · 1911
3Cited by11 opinions
- State v. WilsonIdaho Supreme Court · 1932
- State v. VarnerSupreme Court of Missouri · 1959
- State v. Logan.Supreme Court of Missouri · 1939
- State v. ShipleySupreme Court of Iowa · 1966
- Evans v. StateIndiana Supreme Court · 1927
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