State v. Knock
Supreme Court of Missouri
Appeal from Jackson County Criminal Court. — Hon. John W. Wofford, Judge. • (1) The second count of the indictment is assailed because of its duplicity, as it contains allegations which constitute two separate and distinct crimes. Under the act of 1895 the offense is complete without regard to the use of force.
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Appeal from Jackson County Criminal Court. — Hon. John W. Wofford, Judge. • (1) The second count of the indictment is assailed because of its duplicity, as it contains allegations which constitute two separate and distinct crimes. Under the act of 1895 the offense is complete without regard to the use of force. An assault signifies force, and if the offense was committed by force, the defendant might be guilty of rape, a crime punishable' by death, in the discretion of the jury. Clearly two offenses are charged in this count of the indictment and it can ñot for that reason stand. (2) The…
1Opinion of the CourtShebwood, J.
The legal basis of this prosecution is the following statute:
“Section 1. If any person over the age of sixteen years shall have carnal knowledge of any unmarried female, of previously chaste character, between the ages of fourteen and eighteen years of age, he shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for a term of two years, or by a fine of not less than one hundred dollars nor • more than five hundred dollars, or by imprisonment in the county jail not less than one month or more than six months, or by both such fine and…
2Cases cited2 opinions
- State v. NuesleinSupreme Court of Missouri · 1857
- State v. BurriesSupreme Court of Missouri · 1895
3Cited by17 opinions
- State v. HameySupreme Court of Missouri · 1902
- State v. DouglasSupreme Court of Missouri · 1926
- State v. GruginSupreme Court of Missouri · 1898
- State v. SmithSupreme Court of Missouri · 1905
- State v. McConvilleMontana Supreme Court · 1922
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