Mitchell v. People
Supreme Court of Colorado
Error to the District Court of Pueblo County. Plaintiee in error was convicted, on an indictment charging that he “ on the 8th day of May, A. D. 1897, at the County of Pueblo, State of Colorado, did then and there, being * * * a male person of the age of fourteen years and upwards, upon the person of one Jennie Hiney * * '* a female person under the age of eighteen years, to wit: of the age of sixteen years, feloniously made an assault; * * * and her, the said Jennie Hiney,…
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Error to the District Court of Pueblo County. Plaintiee in error was convicted, on an indictment charging that he “ on the 8th day of May, A. D. 1897, at the County of Pueblo, State of Colorado, did then and there, being * * * a male person of the age of fourteen years and upwards, upon the person of one Jennie Hiney * * '* a female person under the age of eighteen years, to wit: of the age of sixteen years, feloniously made an assault; * * * and her, the said Jennie Hiney, did then and there feloniously and forcibly ravish and carnally know, contrary to the form of statute; ” etc. Motion for…
1Opinion of the CourtJustice Goddard
The record discloses that the only evidence introduced upon the trial was on the part of the people, and consisted *534of that of Jennie Hiney, the prosecuting witness, that of her mother, and two physicians, together with certain exhibits. From this evidence it appears that Mitchell, the plaintiff in error, had lived for eight years with Mrs. Flora D. Hiney, who was separated from her husband, and was the mother of four children, the oldest being Jennie, who was sixteen years of age at the time of the trial; and that on two occasions during the preceding summer, while riding in a buggy near…
2Cases cited5 opinions
- People v. JennesMichigan Supreme Court · 1858
- Davis v. StateTexas Supreme Court · 1874
- People v. TenElshofMichigan Supreme Court · 1892
- People v. Ah YekCalifornia Supreme Court · 1866
- Miller v. PeopleSupreme Court of Colorado · 1896
3Cited by17 opinions
- Johnson v. PeopleSupreme Court of Colorado · 1905
- Godfrey v. PeopleSupreme Court of Colorado · 1969
- Shier v. PeopleSupreme Court of Colorado · 1947
- State v. SysingerSouth Dakota Supreme Court · 1910
- Bigcraft v. PeopleSupreme Court of Colorado · 1902
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