People v. Smith
Michigan Supreme Court
Error to Montmorency; Kelley, J. Silas Smith was convicted of statutory rape, and sentenced to imprisonment for 10 years in the state prison at Marquette. Respondent was convicted of the crime of rape, under section 11489, 3 Comp. Laws 1897. Absence of consent to sexual intercourse was not necessary; the girl, Carrie Frank, upon whom it was alleged the crime was committed, being under 16 years of age. She was 14 years and 11 months old at the time.
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Error to Montmorency; Kelley, J. Silas Smith was convicted of statutory rape, and sentenced to imprisonment for 10 years in the state prison at Marquette. Respondent was convicted of the crime of rape, under section 11489, 3 Comp. Laws 1897. Absence of consent to sexual intercourse was not necessary; the girl, Carrie Frank, upon whom it was alleged the crime was committed, being under 16 years of age. She was 14 years and 11 months old at the time. Three errors are assigned: 1. The court erred in instructing the jury, “The law does not require that she should make any outcry or resistance, in…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. The first objection is untenable. The crime is complete, under the statute, whether the intercourse is had with force or by-consent. In this case the proof is conclusive that the girl consented, unless it should have been found that she did not possess sufficient mind or intelligence to consent.
2. Cir. Ct. Rule No. 24, subd. 6, provides that counsel upon either side of a case shall be allowed at least a half hour, if it is desired, and that no more than two hours shall be allowed, unless the court otherwise orders. Under this rule the time for argument rested in…
2Cited by6 opinions
- People v. EddyMichigan Supreme Court · 1930
- People v. TolewitzkeMichigan Supreme Court · 1952
- People v. ThomasMichigan Supreme Court · 1952
- Hammond v. PorterMichigan Supreme Court · 1907
- People v. BennettMichigan Supreme Court · 1919
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