State v. Worden
Supreme Court of Connecticut
Indictment for rape upon a female eliild under ten years of age, in the Superior Court in Fairfield County. The prisoner pleaded not guilty, and under the statute of 1874, elected to be tried by the court, and was afterwards tried by Culver, J., and found guilty.
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Indictment for rape upon a female eliild under ten years of age, in the Superior Court in Fairfield County. The prisoner pleaded not guilty, and under the statute of 1874, elected to be tried by the court, and was afterwards tried by Culver, J., and found guilty. The counsel for the prisoner thereupon moved in arrest of judgment, which motion was overruled and judgment rendered, and the prisoner sentenced to imprisonment for life in the state prison, which was the punishment fixed by statute for the crime of rape. They thereupon-filed a motion in error, assigning as error—1st, that under the…
1Opinion of the CourtCarpenter, J.
The prisoner was indicted, tried, and convicted of the crime of rape upon a female under ten years of age. The trial, at the prisoner’s request, was by the court instead of the jury. The prisoner moved in arrest of judgment on two grounds:—1st, that under our statute the crime of rape cannot be committed upon a child under ten years of age; and 2d, that the statute authorizing him to elect to be tried by the court was unconstitutional and void. The Superior Court overruled the motion in arrest, and the prisoner brings the case before this court by a motion in error.
First. At common law it was…
2Cases cited3 opinions
- State v. TullerSupreme Court of Connecticut · 1867
- Ward v. PeopleMichigan Supreme Court · 1874
- State v. MaineSupreme Court of Connecticut · 1858
3Cited by34 opinions
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- People v. SpegalIllinois Supreme Court · 1955
- Butler v. StateIndiana Supreme Court · 1884
- Taylor v. StateWyoming Supreme Court · 1980
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
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