People v. Barnes
Idaho Supreme Court
APPEAL from Second Judicial District, Alturas County. The court erred in refusing defendant’s' motion for a non-suit; the crime proven was rape, if. anything, having been committed by force. (De Groat v. People, 39 Mich. 124; People v. Jenness, 5 Mich. 305, 321; People v. McDonald, 9 Mich. 150; People v. Hanidan, 1 Park. Or.
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APPEAL from Second Judicial District, Alturas County. The court erred in refusing defendant’s' motion for a non-suit; the crime proven was rape, if. anything, having been committed by force. (De Groat v. People, 39 Mich. 124; People v. Jenness, 5 Mich. 305, 321; People v. McDonald, 9 Mich. 150; People v. Hanidan, 1 Park. Or. Rep. 244; State v. Shear, 51 Wis. 460, 8 N. W. 287; Groghan v. State, 22 Wis. 444; Noble v. State, 22 Ohio, 541; State v. Thomas, 53 Iowa, 214, 4 N. W. 908; Spear v. State, 60 Ga. 381; State v. Caldwell, 8 Baxt. (Tenn.) 576; Baumer v. State, 49 Ind. 544, 19 Am. Rep. 691.)…
1Opinion of the CourtBuck, J.
The defendant was convicted on an indictment for an offense under section 129, chapter 10, Crimes and Punishment Act, page 353, of our Revised Laws of 1875. The section reads as follows: “Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who shall intermarry with each oth$r, or who shall commit fornication or adultery with each other, shall, on conviction, be punished by imprisonment in the ter*162ritorial prison not less than one nor more than ten years.” The indictment specifies the offense charged therein as a felony, and in…
2Cases cited3 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- The People v. . BennettNew York Court of Appeals · 1872
- State v. EllisSupreme Court of Missouri · 1881
3Cited by14 opinions
- State v. PerryIdaho Supreme Court · 2010
- State v. ChristiansenIdaho Supreme Court · 2007
- People v. StrattonCalifornia Supreme Court · 1904
- State v. HerrIdaho Supreme Court · 1976
- McCaskill v. StateSupreme Court of Florida · 1908
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