State v. Hilberg
Utah Supreme Court
Appeal from the Third District Court, Salt Lake county; Hon. A. G. Norrell, Judge. Appellant was convicted under section 4221 R. S. 1898, which provides ‘ ‘ any person who shall carnally know any female over the age of 13 years and under the age of 18 years, shall be guilty of felony.” From the judgment, and sentence of conviction, defendant appeals. “Where a specific offense is charged, the indictment cannot be sustained by proof of the second offense, even on the same day.
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Appeal from the Third District Court, Salt Lake county; Hon. A. G. Norrell, Judge. Appellant was convicted under section 4221 R. S. 1898, which provides ‘ ‘ any person who shall carnally know any female over the age of 13 years and under the age of 18 years, shall be guilty of felony.” From the judgment, and sentence of conviction, defendant appeals. “Where a specific offense is charged, the indictment cannot be sustained by proof of the second offense, even on the same day. This results from the general principle, that offenses collateral to the one charged cannot be received, and that the…
1Opinion of the CourtMiner, J.
The defendánt was charged with having had unlawful sexual intercourse with one Anna Ward, a female over the age of 13 and under the age of 18 years, at Salt Lake City, on the 15th day of February, 1898. Upon the trial the prosecutrix was permitted, under objection, so testify to the first act of sexual intercourse as having occurred in April, 1897, about 11 months before the act charged in the information, and subsequently, under objection, she was permitted to testify to five several and distinct acts of sexual intercourse occurring thereafter during the years 1897 and 1898. The last act…
2Cases cited10 opinions
- People v. JennesMichigan Supreme Court · 1858
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- Lawson v. StateSupreme Court of Alabama · 1852
- People v. AbbottMichigan Supreme Court · 1893
- State v. MarkinsIndiana Supreme Court · 1884
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3Cited by53 opinions
- People v. WilliamsCalifornia Supreme Court · 1901
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- Crosslin v. StateCourt of Criminal Appeals of Texas · 1921
- People v. KollerCalifornia Supreme Court · 1904
- People v. MorrisCalifornia Court of Appeal · 1906
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