State v. McClain
Supreme Court of Missouri
Appeal from, Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The evidence having disclosed that the defilement of the prosecuting witness occurred in Polk county, if it occurred anywhere, defendant’s demurrer to the evidence should have been sustained. The venue as laid must be shown by the proof to be in the proper jurisdiction.
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Appeal from, Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The evidence having disclosed that the defilement of the prosecuting witness occurred in Polk county, if it occurred anywhere, defendant’s demurrer to the evidence should have been sustained. The venue as laid must be shown by the proof to be in the proper jurisdiction. Constitution, art. 2, sec. 22; R. S. 1889, sec. 3986; State v. McGinnis, 74 Mo. 246; State v. Smiley, 98 Mo. 605. (2) Before defendant could be legally convicted on this indictment, of the charge of defiling the prosecuting witness, it must have appeared that…
1Opinion of the CourtBurgess, J.
At the January term, 1896, of the circuit court of Barton county the defendant was in-*312dieted by the grand jury of said county for defiling one Flora Ooggin, a female under the age of eighteen years, who had theretofore been confided to his custody and protection. The venue was on his application changed to the circuit court of Vernon county, where a trial was had at the April term, 1896, of said court, resulting in his conviction, and the fixing of his punishment at imprisonment in the penitentiary at two and one half years. The case is before us for review upon his appeal.
Flora Ooggin was…
2Cases cited8 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. RobinsonSupreme Court of Missouri · 1893
- State v. SnyderSupreme Court of Missouri · 1889
- State v. PhelpsSupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State ex rel. Boner v. BolesWest Virginia Supreme Court · 1964
- Jamison v. StateTennessee Supreme Court · 1906
- State v. MathewsSupreme Court of Missouri · 1959
- State v. KileSupreme Court of Missouri · 1910
8 more not listed; retrieve them via the Exa API.