State v. Miller
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. George Hall, Special Judge. (1) Tbe tenth instruction for tbe State assumes tbe fact of three acts of intercourse,' and is a comment on tbe evidence. State v. Langley, 248 Mo. 554; Linn v. Bridge Co., 78 Mo. App. 131; Stone v. Hunt, 94 Mo. 480. (2) State’s instructions numbered 1, 2, 3, and 4 are contradictory to State’s instruction numbered 10 and constitute reversible error.
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Appeal from Grundy Circuit Court. — Hon. George Hall, Special Judge. (1) Tbe tenth instruction for tbe State assumes tbe fact of three acts of intercourse,' and is a comment on tbe evidence. State v. Langley, 248 Mo. 554; Linn v. Bridge Co., 78 Mo. App. 131; Stone v. Hunt, 94 Mo. 480. (2) State’s instructions numbered 1, 2, 3, and 4 are contradictory to State’s instruction numbered 10 and constitute reversible error. State v. Palmberg, 199 Mo. 240; State v. Schenk, 238 Mo. 457; State v. Pruitt, 202 Mo. 49. (3) Tbe court erred in denying defendant’s request to instruct on assault with intent…
1Opinion of the Court
ROY, C.
Defendant was charged with carnally knowing Minnie Bell Woods, a female child under the age of fourteen years. The jury convicted him and *330fixed Ms punishment at fifteen years ’ imprisonment in the penitentiary.
Prank Woods and wife, the parents of Minnie, were married at Trenton, Missouri, and lived there at intervals. They had lived in St. Joseph about a year prior to October, 1912. They had six children and were so poor that the children seldom had necessary clothing to go to school. The mother could neither read nor write, and was a mother before she was a wife. The father was a…
2Cases cited3 opinions
- State v. PalmbergSupreme Court of Missouri · 1906
- State v. SykesSupreme Court of Missouri · 1913
- State v. AlcornSupreme Court of Missouri · 1897
3Cited by12 opinions
- State v. HeppermanSupreme Court of Missouri · 1942
- State v. KingSupreme Court of Missouri · 1938
- State v. BilboaIdaho Supreme Court · 1920
- State v. FamberSupreme Court of Missouri · 1948
- State v. BowlesSupreme Court of Missouri · 1962
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