Booher v. Trainer
Missouri Court of Appeals
Appeal from Mercer Circuit Court. — Hon. G. W. Wanamaker, Judge. (1) A conviction in cases of either incest or rape may be bad upon the uncorroborated evidence of the prosecutrix, but when the evidence of sucb prosecutrix is of a contradictory nature, or when applied to the admitted facts in the case, her testimony is not convincing, but leaves the mind of the court clouded with doubts, she must be corroborated, or the judgment cannot be sustained.
Read the full summary
Appeal from Mercer Circuit Court. — Hon. G. W. Wanamaker, Judge. (1) A conviction in cases of either incest or rape may be bad upon the uncorroborated evidence of the prosecutrix, but when the evidence of sucb prosecutrix is of a contradictory nature, or when applied to the admitted facts in the case, her testimony is not convincing, but leaves the mind of the court clouded with doubts, she must be corroborated, or the judgment cannot be sustained. State v. Goodale, 210 Mo. 290; State v. Brown, 209 Mo. 413; State v. Tevis, 234 Mo. 284; Robinson v. Musser, 78 Mo. 153; Deane v. Transit Co., 192…
1Opinion of the CourtJohnson, J.
Defendant appealed from a judgment for $1000 compensatory and $1000 punitive damages recovered by plaintiff in the circuit court in a civil action for an assault with intent to commit rape, alleged to have been committed by defendant on the night of July 4, 1912.
The parties lived on adjoining farms in Mercer county ten or twelve miles southwest of Princeton, the county seat, and each was twenty years of age. Defendant had married an intimate friend of plaintiff but his wife had died about a year before and he was living with his father-in-law. Plaintiff had been living with her father and…
2Cases cited8 opinions
- Vosburg v. PutneyWisconsin Supreme Court · 1891
- State v. MarcksSupreme Court of Missouri · 1897
- Champagne v. HameySupreme Court of Missouri · 1905
- State v. DevorssSupreme Court of Missouri · 1909
- Linville v. GreenMissouri Court of Appeals · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dean v. AngelasOhio Supreme Court · 1970
- Edmisten v. DousetteMissouri Court of Appeals · 1960
- Marts v. PowellMissouri Court of Appeals · 1913
- Smith v. Kansas City Public Service Co.Missouri Court of Appeals · 1933
- Vannest v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.