Monroe v. State
Mississippi Supreme Court
From the circuit court of Warren county. Hon. John H. Gilland, Judge. Appellant, a negro, was convicted of the rape of a negro girl eleven years of age. The indictment charged that the defendant, with force and arms, feloniously and violently committed the rape. A demurrer to the indictment, on the ground that it failed to aver that the crime was forcibly committed, was overruled.
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From the circuit court of Warren county. Hon. John H. Gilland, Judge. Appellant, a negro, was convicted of the rape of a negro girl eleven years of age. The indictment charged that the defendant, with force and arms, feloniously and violently committed the rape. A demurrer to the indictment, on the ground that it failed to aver that the crime was forcibly committed, was overruled. On the trial, the prosecutrix testified to the commission of the offense, and that it was forcibly done; that she resisted to the utmost and cried, but that she did not cry aloud, because she knew no one was near…
1Opinion of the CourtCampbell, C. J.
No error was committed by the court in the trial of this case, but in our opinion the verdict should not be permitted to stand. It is true that conviction of this detestable crime may be had on the uncorroborated testimony of the person raped, but it should always be scrutinized with caution, and where there is much, in the facts and circumstances in evidence to discredit her testimony, it is not sufficient to sustain a verdict of guilty. 1 Hale, 635 et seq.; Innis v. State, 42 Ga., 473; People v. Hulse, 3 Hill, 309; 19 Am. & Eng. Enc. L., p. 958.
The observations of the court in People v.…
2Cases cited1 opinion
- Innis v. StateSupreme Court of Georgia · 1871
3Cited by20 opinions
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