People v. Bennett
Michigan Supreme Court
Ersor to Montcalm; Davis, J. Clarence Bennett was convicted of the crime of statutory rape, and sentenced to imprisonment for not less than five years nor more than ten years in the Michigan reformatory at Ionia. Defendant was arrested on a warrant charging him with rape under the provisions of section 15211, 3 Comp.
Read the full summary
Ersor to Montcalm; Davis, J. Clarence Bennett was convicted of the crime of statutory rape, and sentenced to imprisonment for not less than five years nor more than ten years in the Michigan reformatory at Ionia. Defendant was arrested on a warrant charging him with rape under the provisions of section 15211, 3 Comp. Laws .1915, which provides: “If any person shall ravish and carnally know any female of the age of sixteen years, or more, by force and against her will, or shall unlawfully and carnally know and abuse any female under the full age of sixteen years, he shall be punished by…
1Opinion of the CourtBrooke, J.
(after stating the facts). In; the affidavits in support of the motions mentioned it was made to appear that the complaining witness had given birth to no child nor suffered from abortion or miscarriage. From this premise it is argued that the judge in imposing sentence upon respondent proceeded upon an erroneous assumption of fact and that this error is reflected in the severity of the sentence. There seems to be no doubt that at the trial in the circuit court it was believed that the complaining witness was then pregnant and there appears to be no question that such belief was erroneous. It…
2Cases cited1 opinion
- People v. SmithMichigan Supreme Court · 1899
3Cited by2 opinions
- People v. CashMichigan Supreme Court · 1984
- People v. CashMichigan Supreme Court · 1984