State v. Skillman
Supreme Court of Missouri
Appeal from Bates. Circuit Court. — Hon. Chas. A. Denton, Judge. (1) The testimony of the prosecuting witness, upon which the State must depend solely, makes out a case of rape. It was proper, therefore, to submit to the jury the usual instruction on her failure to make an outcry or complaint of her treatment thereafter.
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Appeal from Bates. Circuit Court. — Hon. Chas. A. Denton, Judge. (1) The testimony of the prosecuting witness, upon which the State must depend solely, makes out a case of rape. It was proper, therefore, to submit to the jury the usual instruction on her failure to make an outcry or complaint of her treatment thereafter. The court erred in refusing instructions 91 and 10 offered hy the defendant. , (2) Under the peculiar dreumstances in this ease, the court should have instructed on the higher crime of rape. 118 Mo. 79'; 86 Mo. 309. (3) The testimony of the prosecutrix, upon which alone this…
1Opinion of the CourtGantt, P. J.
This cause was here on a former appeal and was reversed and remanded for want of sufficient information. [State v. Skillman, 209 Mo. 408.]
Thereafter on the 19th of January, 1909', the prosecuting attorney filed a new information in which he charged that the defendant on the — --day of July, 1906, at Bates county, was then and there a person to whose protection one Myrtle McCulloch, a female, then and there under the age of eighteen years, to-wit, of the age of fifteen years, had been and was then and there confided, and her, the said Myrtle, unlawfully and feloniously did defile by then and…
2Cases cited6 opinions
- State v. HameySupreme Court of Missouri · 1902
- State v. WagnerSupreme Court of Missouri · 1883
- State v. BobbittSupreme Court of Missouri · 1908
- State v. KnockSupreme Court of Missouri · 1898
- State v. SebastianSupreme Court of Missouri · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Shartel v. TrimbleSupreme Court of Missouri · 1933
- State v. KoenSupreme Court of Missouri · 1971
- Jones v. CommonwealthCourt of Appeals of Virginia · 2007
- State v. WilliamsMissouri Court of Appeals · 1982
- State v. GrantMissouri Court of Appeals · 1990
1 more not listed; retrieve them via the Exa API.