State v. Pipkin
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. '(1) The State failed to show that prosecutrix was unmarried. This is fatal. This is one of the essential elements of this offense, made so by statute, without proof of which a conviction cannot stand. State v. Wheeler, 108 Mo. 663; 25 Am and Eng. Ency. Law, 235; Hughes, Crim. Law, sec. 2123; West v. State, 1 Wis. 209; 2 McClain’s Crim.
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Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. '(1) The State failed to show that prosecutrix was unmarried. This is fatal. This is one of the essential elements of this offense, made so by statute, without proof of which a conviction cannot stand. State v. Wheeler, 108 Mo. 663; 25 Am and Eng. Ency. Law, 235; Hughes, Crim. Law, sec. 2123; West v. State, 1 Wis. 209; 2 McClain’s Crim. Law, sec. 1113. (2) The court committed error in refusing to rebuke special counsel for the State for the language used by him in his closing argument to the jury. A prosecuting officer certainly…
1Opinion of the CourtFox, J.
The defendant has brought this case to this court by appeal from a judgment of the circuit court of Texas county, convicting him of carnally knowing an unmarried female of previously chaste *457character, between the ages of fourteen and eighteen years. The information substantially charges that Robert Pipkin was over the age of sixteen years, and that he unlawfully and feloniously had carnal knowledge of one Sarah Ellen Bailey, an unmarried female, of previously chaste character, between the ages of fourteen and sixteen years of age, that is to say, of the age of fifteen years. To this…
2Cases cited1 opinion
- State v. ReedSupreme Court of Missouri · 1900
3Cited by6 opinions
- Lenord v. StateArizona Supreme Court · 1913
- State v. HunterNew Mexico Supreme Court · 1933
- State v. JohnsonNorth Dakota Supreme Court · 1929
- State v. MayWashington Supreme Court · 1910
- State v. SuttonSupreme Court of Missouri · 1911
1 more not listed; retrieve them via the Exa API.