State v. Bowman
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. Gallatin Craig, Judge. (1) Under the evidence, the defendant is not guilty of rape. He may be guilty of violating section 1838; if so, the case may be remanded. State v. Lacey, 111 Mo. 513-517; 2 Bishop’s Crim. Law, sec. 1132; 1 Whart’s Grim.
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Appeal from Atchison Circuit Court. — Hon. Gallatin Craig, Judge. (1) Under the evidence, the defendant is not guilty of rape. He may be guilty of violating section 1838; if so, the case may be remanded. State v. Lacey, 111 Mo. 513-517; 2 Bishop’s Crim. Law, sec. 1132; 1 Whart’s Grim. Law, sec. 554; State v. Dalton, 106 Mo. 469. (2)' Where it appears that the verdict is unsupported by the evidence, or that injustice has been done, it is the duty of the trial court to interfere and award a new trial. Bank v. Armstrong, 92 Mo. 265. Where a new trial is asked on the ground that the verdict is…
1Opinion of the CourtGantt, J.
The defendant was indicted at the May term, 1900, of the Atchison Circuit Court, for rape. He was duly arraigned and his trial had at the September term, 1900. Lie was convicted and sentenced to the penitentiary. He appeals.
The evidence, with little contradiction, established these facts: Philura Ray, a young woman, sixteen years old, lived at Fairfax, in Atchison county, in this State, with her parents, L. D. Ray and Mrs. Sarah E. Ray. Mrs. Ray had two half sisters, Mrs. Florence Bell and Mrs. Nancy Buster, who lived at Tarkio, about eight miles distant from Fairfax. The defendant James…
2Cited by2 opinions
- State v. McCulloughMissouri Court of Appeals · 1903
- State v. NeasbySupreme Court of Missouri · 1905