State v. Labus
Ohio Supreme Court
Error to the Court of Appeals of Jefferson county. The defendant in error, Bert Labus, was indicted by the grand jury of Jefferson county, Ohio, upon a charge of rape upon his daughter, under Section 12413, General Code. Upon trial to a jury a verdict of guilty as charged in the-indictment was returned against him, and judgment and sentence were pronounced on that verdict.
Read the full summary
Error to the Court of Appeals of Jefferson county. The defendant in error, Bert Labus, was indicted by the grand jury of Jefferson county, Ohio, upon a charge of rape upon his daughter, under Section 12413, General Code. Upon trial to a jury a verdict of guilty as charged in the-indictment was returned against him, and judgment and sentence were pronounced on that verdict. Error was prosecuted to the court of appeals to reverse the judgment of the court of common pleas for its refusal to charge the defendant’s request No. 7, which was as follows: “The defendant, who is indicted for rape upon…
1Opinion of the CourtWanamaker, J.
Section 12413, General Code, reads: “Whoever has carnal knowledge of his daughter, sister, or a female person under twelve years of age, forcibly and against her will, shall be imprisoned in the penitentiary during life; and whoever has carnal knowledge of any other female person, forcibly and against her will shall be imprisoned in the penitentiary not less than three years, nor more than twenty years.”
The body of the indictment in this case, drawn under this section of the statute, reads as follows:
“Bert Labus, late of said County, on or about the 14th day of October, in the yeár of our…
2Cases cited5 opinions
- People v. StrattonCalifornia Supreme Court · 1904
- Hanes v. StateIndiana Supreme Court · 1900
- Addison v. PeopleIllinois Supreme Court · 1901
- White v. CommonwealthCourt of Appeals of Kentucky · 1894
- State v. DaySupreme Court of Missouri · 1905