State v. Bullinger
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. I. The indictment does not charge a crime against defendant in that it does not state, that he had carnal knowledge of the prosecutrix, knowing her to be his daughter. ("Williams vs. State, 2 Ind., 439.) II. The fact that defendant had called the prosecutrix daughter, and she had called him father, which is all the evidence offered on this subject, is not sufficient evidence of the relationship.
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Appeal from St. Louis Criminal Court. I. The indictment does not charge a crime against defendant in that it does not state, that he had carnal knowledge of the prosecutrix, knowing her to be his daughter. ("Williams vs. State, 2 Ind., 439.) II. The fact that defendant had called the prosecutrix daughter, and she had called him father, which is all the evidence offered on this subject, is not sufficient evidence of the relationship. (Morgan vs. State, 11 Ala., 289.) She may be the daughter of defendant’s wife by a former husband, she may have been adopted by him in her infancy, or she may be…
1Opinion of the CourtWagner, Judge
This was an indictment and conviction under the statute (W. S., 499, § 6), for the crime of incest.
The first objection made as to the sufficiency of the indictment, that it does not charge that defendant had carnal knowledge of the prosecutrix, knowing her to be his daughter, is not tenable.
The only case cited in support of the-.objection, is Williams vs. State (2 Ind., 439), and that case was decided under a statute materially different from ours. The words of the Indiana Statute were, “ If any father shall have sexual intercourse with his daughter, knowing her to be such,” and the…
2Cases cited4 opinions
- Bergen v. PeopleIllinois Supreme Court · 1856
- Hicks v. PeopleMichigan Supreme Court · 1862
- Baker v. StateSupreme Court of Alabama · 1857
- Williams v. StateIndiana Supreme Court · 1850
3Cited by7 opinions
- State v. PenningtonWest Virginia Supreme Court · 1896
- State v. GordenSupreme Court of Missouri · 1947
- Brown v. StateSupreme Court of Florida · 1900
- Wadkins v. StateCourt of Criminal Appeals of Texas · 1910
- State v. GlindemannWashington Supreme Court · 1904
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