State v. Sutton
Supreme Court of Missouri
Appeal from Reynolds Circuit Court. — Row. Jos. J. Williams, Judge. (1) The court erred in giving instruction one, for the reason that there was no testimony to base said instruction on; that is to say, the State must allege and prove that the prosecutrix was single and unmarried at the time the offense was committed, which in this case the State failed to prove, and there is no'evidence whatever, either direct or circumstantial, that the prosecutrix was unmarried, and when…
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Appeal from Reynolds Circuit Court. — Row. Jos. J. Williams, Judge. (1) The court erred in giving instruction one, for the reason that there was no testimony to base said instruction on; that is to say, the State must allege and prove that the prosecutrix was single and unmarried at the time the offense was committed, which in this case the State failed to prove, and there is no'evidence whatever, either direct or circumstantial, that the prosecutrix was unmarried, and when there is no evidence that she was unmarried at the time of the alleged carnal knowledge, a conviction will not be…
1Opinion of the CourtBrown, J.
The defendant was convicted in the circuit court of Reynolds county, on November 25,1909, of violating section 4472, Revised Statutes 1909, by having carnal knowledge of one Ida Speer, an unmarried female, between the ages of fourteen and eighteen years, of previous chaste character. His punishment was assessed at a fine of four hundred dollars, and after unavailing motions for a new trial and in arrest of judgment, he appeals to this court.
The record proper shows that on February 27, 1909, two days after this appeal was granted, and after defendant’s appeal bond had been approved, the trial…
2Cases cited8 opinions
- State v. GrossmanSupreme Court of Missouri · 1908
- State v. StarkSupreme Court of Missouri · 1907
- Ault v. BradleySupreme Court of Missouri · 1905
- State v. CroninSupreme Court of Missouri · 1905
- State v. ReedSupreme Court of Missouri · 1900
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3Cited by5 opinions
- Baker v. BakerMissouri Court of Appeals · 1955
- In Re Adoption of Zartman v. AlfordSupreme Court of Missouri · 1933
- Rusk v. ThompsonMissouri Court of Appeals · 1913
- State Ex Rel. v. SchmollMissouri Court of Appeals · 1923
- State ex rel. Carbonetti v. ScmollMissouri Court of Appeals · 1923