Legal Opinion

State v. Hann

Supreme Court of Minnesota

Decided July 1, 1898No. Nos. 11,034-(17)PublishedCited by 6 opinions

Indictment in the district court for Goodhue county for rape. Defendant’s demurrer was overruled by Crosby, J., and at defendant’s request the case was certified to the supreme court. The indictment should state the facts so as to advise the accused in which one of the different ways specified in G. S. 1894, § 6528, he is accused of the crime of rape.

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Indictment in the district court for Goodhue county for rape. Defendant’s demurrer was overruled by Crosby, J., and at defendant’s request the case was certified to the supreme court. The indictment should state the facts so as to advise the accused in which one of the different ways specified in G. S. 1894, § 6528, he is accused of the crime of rape. State v. Yorey, 41 Minn. 134. Under the first subdivision of section 6523, relating to females of unsound mind, it is not necessary that any act of the defendant should produce the unsoundness of mind; but, if the female is in that condition,…

1Opinion of the Court

MITCHELL, J.1

The defendant was indicted for the crime of rape, committed as follows, to wit: That (at a time and place named) he

“Did wrongfully, unlawfully and feloniously, without the consent of B., a female of the age of 16 years and not the wife of the said William Hann, forcibly ravish and have sexual intercourse with the said B.; that then and there the said B. was an imbecile and was of unsound mind; and that, by reason of such imbecility and unsoundness of mind, the said B. was then and there incapable of giving consent to the said ravishing and sexual intercourse; and that then and…

2Cases cited1 opinion

  1. State v. VoreySupreme Court of Minnesota · 1889

3Cited by6 opinions

  1. State v. CantrellSupreme Court of Minnesota · 1945
  2. Sage v. StateArizona Supreme Court · 1921
  3. State v. DavisSupreme Court of Missouri · 1911
  4. State v. ChristoffersonSupreme Court of Minnesota · 1921
  5. State v. JonesSupreme Court of Minnesota · 1963

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