State v. Mackey
North Dakota Supreme Court
Appeal from the District Court of Barnes County, Ooffey, J. It is the universal holding of the authorities that each act of carnal intercourse testified to by the prosecutrix constitutes a separate, distinct, and substantive offense. This is elementary. State v. Brown, 58 Iowa, 298, 12 N. W. 318; State v. King, 117 Iowa, 484, 91 N. W. 768; People v. Clark, 33 Mich. 112, 1 Am. Crim.
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Appeal from the District Court of Barnes County, Ooffey, J. It is the universal holding of the authorities that each act of carnal intercourse testified to by the prosecutrix constitutes a separate, distinct, and substantive offense. This is elementary. State v. Brown, 58 Iowa, 298, 12 N. W. 318; State v. King, 117 Iowa, 484, 91 N. W. 768; People v. Clark, 33 Mich. 112, 1 Am. Crim. Eep. 660; State v. Bonsor, 49 Kan. 758, 31 Pac. 736; State v. Ililberg, 22 Utah, 27, 61 Pac. 215; State v. Masteller, 45 Minn. 128, 47 N. W. 541; State v. Acheson, 91 Me. 240, 39 Atl. 570; State v. Parish, 104 N.…
1Opinion of the CourtBurke, J.
Defendant appeals from conviction for statutory rape. There are fifty-seven assignments of error, but we will discuss only those assignments which, in our opinion, result in the total destruction of the state’s evidence, and necessitate a dismissal of the action. The facts will appeal more fully in the opinion. For the purposes of this statement, it suffices to say that defendant is a married man living with his family, and -engaged in the plumbing and boiler-making business at Yalley City, where he has resided for more than thirty years. At the time of his arrest he was over fifty-six years…
2Cases cited12 opinions
- Conger v. StateCourt of Criminal Appeals of Texas · 1911
- People v. WilmotCalifornia Supreme Court · 1903
- State v. DudleySupreme Court of Iowa · 1910
- Parker v. StateCourt of Appeals of Maryland · 1887
- State v. PeresMontana Supreme Court · 1903
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3Cited by1 opinion
- State v. SteppNorth Dakota Supreme Court · 1920