State v. Whitesell
Supreme Court of Missouri
Appeal from Greene County Criminal Court. — Hon. C. B. McAfee, Judge. (1) Appellant should be allowed to prove sexual intercourse prior to time alleged offense to rebut corroborative fact of prosecutrix having a child and of the inference to be drawn against appellant. People v. Flaherty, 29 N. T. 641; People v. Bunea/n, 62 N. W. Rep.
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Appeal from Greene County Criminal Court. — Hon. C. B. McAfee, Judge. (1) Appellant should be allowed to prove sexual intercourse prior to time alleged offense to rebut corroborative fact of prosecutrix having a child and of the inference to be drawn against appellant. People v. Flaherty, 29 N. T. 641; People v. Bunea/n, 62 N. W. Rep. (Mich.) 557; Sherwin v. People, 69 111. 55. (2) It is always admissible to prove motive of prosecutrix, whether to shield a lover, extort money, or any motive why crime should be laid at defendant’s door. Curly v. Territory of Arizona, 42 Pac. Rep. 953 pPeople…
1Opinion of the CourtBurgess, J.
At the March term, 1897, of the criminal court of Greene county, defendant was convicted of rape on the person of Sallie Downey, a female child under the age of fourteen years, and his punishment fixed at five years’ imprisonment in the penitentiary. From the judgment and sentence he appeals.
At the time of the alleged offense defendant conducted a feed, coal and wood store in Springfield, Missouri. He was an unmarried man, and forty-seven years of age. In June, 1896, he employed Sallie Downey, who was then thirteen years of age, as bookkeeper, and to assist him in and about his business.…
2Cases cited6 opinions
- People v. AbbottMichigan Supreme Court · 1893
- People v. JohnsonCalifornia Supreme Court · 1895
- People v. GloverMichigan Supreme Court · 1888
- People v. McLeanMichigan Supreme Court · 1888
- Shirwin v. PeopleIllinois Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. GrayIllinois Supreme Court · 1911
- State v. GlassNorth Dakota Supreme Court · 1915
- Sage v. StateArizona Supreme Court · 1921
- State v. RashSouth Dakota Supreme Court · 1911
- Walker v. StateCourt of Criminal Appeals of Oklahoma · 1912
6 more not listed; retrieve them via the Exa API.