State v. De Marias
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. John De Marias was convicted of statutory rape, and’ he appeals.
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Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. John De Marias was convicted of statutory rape, and’ he appeals. In a prosecution for rape upon a female under age, where the witnesses are Indians -testifying through interpreters and the testimony of prosecutrix, her mother and father, is inconsistent and conflicting upon the question of her age and all testimony, on the subject inconclusive and unsatisfactory, a motion for new trial should be granted upon the ground of newly discovered evidence consisting of the corroborated testimony of a minister who preformed the…
1Opinion of the CourtSmith, P. J.
Defendant was convicted in the circuit court of Roberts county on January 4, 1910, upon information charging the crime of statutory rape. This appeal is from an order overruling a motion for a new trial on the ground of newly discovered evidence. The motion alleges newly discovered evidence material to the defendant, which he could not with reasonable diligence have discovered and produced at the trial.
At the trial the act was admitted by the accused. The sole issue was as. to the age of the prosecuting witness, who was alleged to be under the age of 18 years. The crime was charged to have…
2Cases cited11 opinions
- Andersen v. StateSupreme Court of Connecticut · 1876
- Dale v. StateSupreme Court of Georgia · 1892
- Waller v. GravesSupreme Court of Connecticut · 1850
- Grogan v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Fellows v. StateSupreme Court of Georgia · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Stormo v. StrongSouth Dakota Supreme Court · 1991
- McAllister v. BardsleyIdaho Supreme Court · 1923
- Ainsworth v. First Bank of South DakotaSouth Dakota Supreme Court · 1991
- Ladow v. StateOhio Court of Appeals · 1925