State v. Ellis
Supreme Court of Missouri
Appeal from St. 'Louis Court of Appeals. The court erred in instructing the jury that the appellant was guilty of incest if he had carnal knowledge of the girl, whether with or without her consent. People v. Harriden, 1 Parker Or. R. 344; Croghan v. State, 22 Wis. 444; DeOroat v. People, 39 Mich. 124; State v. Thomas, 53 Iowa 214. Rape is the higher crime (being a capital offense) and is not merged in incest.
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Appeal from St. 'Louis Court of Appeals. The court erred in instructing the jury that the appellant was guilty of incest if he had carnal knowledge of the girl, whether with or without her consent. People v. Harriden, 1 Parker Or. R. 344; Croghan v. State, 22 Wis. 444; DeOroat v. People, 39 Mich. 124; State v. Thomas, 53 Iowa 214. Rape is the higher crime (being a capital offense) and is not merged in incest. The State has no right to charge incest, and then, upon the trial, confront the prisoner with proof of rape, which he could not have expected, and, relying upon the indictment, was not…
1Opinion of the CourtHenry, J.
The defendant was indicted for incest, and found guilty at the March term, 1881, of the St. Louis criminal court, and the judgment of that court having been affirmed by the court of appeals, he has appealed to this coui’t. The alleged incest was the commission of fornication with Mary Belle Ellis, his daughter, and she testified that he had frequently had sexual connection with her, but that “he made her do it:” and that “she did not tell of it because afraid that he would beat her — that he threatened to beat her if she told any one.” At the time of the connection alleged in the indictment…
2Cases cited3 opinions
- DeGroat v. PeopleMichigan Supreme Court · 1878
- Croghan v. StateWisconsin Supreme Court · 1868
- State v. ThomasSupreme Court of Iowa · 1880
3Cited by23 opinions
- State v. HameySupreme Court of Missouri · 1902
- People v. StrattonCalifornia Supreme Court · 1904
- Signs v. StateCourt of Criminal Appeals of Oklahoma · 1926
- State v. . CutshallSupreme Court of North Carolina · 1891
- State v. SmithSupreme Court of Missouri · 1905
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