State v. Schenk
Supreme Court of Missouri
Error to Knox Circuit Court. — Now. Chas. D. Stewart, Judge, (1) The indictment offered in evidence on the hearing of the motion to quash, was for the same offense as that charged in the information, although the punishment under the indictment may have been different from that under the information.
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Error to Knox Circuit Court. — Now. Chas. D. Stewart, Judge, (1) The indictment offered in evidence on the hearing of the motion to quash, was for the same offense as that charged in the information, although the punishment under the indictment may have been different from that under the information. The punishment, however, might have been the same under the indictment (Sec. 4478), as under the information (Sec. 4472). The offense was the same under both charges, that is, sexual intercourse between the same parties at the same time and place. Bouvier’s Law Dictionary, Webster’s Unabridged…
1Opinion of the CourtFerriss, J.
Defendant (plaintiff in error), upon an information filed by the prosecuting attorney of Knox county in the circuit court thereof, was con*439vieted of carnally knowing one Mary Lindsey, an unmarried female of previously chaste character, between the ages of fourteen and eighteen years, and his punishment fixed at two years in the penitentiary.
Mary Lindsey, the prosecutrix, resided with her parents in the southern part of Knox county, and was about seventeen years of age at the time of the commission of the alleged offense. The defendant owned and resided on a large farm in the same neighborhood.…
2Cases cited14 opinions
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- State ex inf. Hadley v. WashburnSupreme Court of Missouri · 1902
- State v. OrrickSupreme Court of Missouri · 1891
- Ex parte LucasSupreme Court of Missouri · 1901
- State ex rel. Kenamore v. WoodSupreme Court of Missouri · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. WilliamsSupreme Court of Missouri · 1970
- State v. WashingtonSupreme Court of Missouri · 1912
- State v. AndersonSupreme Court of Missouri · 1913
- State v. StevensonOregon Supreme Court · 1920
- Central Oregon Irrigation District v. Deschutes CountyOregon Supreme Court · 1942
17 more not listed; retrieve them via the Exa API.