State v. Warner
Supreme Court of Missouri
Appeal from Gass Circuit Court. — Hon. Noah M. Givan, Judge. Under the statute, (R. S. 1879, § 1253,) it is necessary to charge that the person upon whom the supposed rape is alleged to have been committed, was a woman; the name, Mary, does not necessarily mean a woman or a female. Names of many things, and especially of persons, are purely arbitrary and meaningless.
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Appeal from Gass Circuit Court. — Hon. Noah M. Givan, Judge. Under the statute, (R. S. 1879, § 1253,) it is necessary to charge that the person upon whom the supposed rape is alleged to have been committed, was a woman; the name, Mary, does not necessarily mean a woman or a female. Names of many things, and especially of persons, are purely arbitrary and meaningless. State v. Boss, 25 Mo. 426. The court erred in allowing the prosecuting witness to be asked what she told her husband. State v. Jones, 61 Mo. 232; Baccio v. People, 41 N. Y. 265; People v. McGee, 1 Denio 19. The evidence adduced…
1Opinion of the CourtNorton, J.
The defendant was indicted at the March term, 1881, of the circuit court of Cass county, for the crime of rape. He was found guilty on trial, and his punishment assessed to imprisonment in the penitentiary for six years. The case is before us on appeal, and we are asked to reverse the judgment because of alleged insufficiency of the indictment, and the action of the court in admitting improper evidence, in refusing proper and giving improper instructions, and the further ground that the verdict is not supported by the evidence.
i. bape indictment” The indictment is as follows: “ The grand jury…
2Cases cited1 opinion
- State v. MusickSupreme Court of Missouri · 1880
3Cited by9 opinions
- State v. RashSupreme Court of Missouri · 1949
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- State v. SchaeferSupreme Court of Missouri · 1893
- State v. MillerSupreme Court of Missouri · 1905
- Taylor v. StateNebraska Supreme Court · 1910
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