1 S.W. 830 (Mo. 1886), State v. Hert

• Citation: 1 S.W. 830, 89 Mo. 590
• Opinion Judge: Norton, J.
• Party Name: The State v. Hert, Appellant
• Attorney: Stokes & Knowles for appellant. B. G. Boone, Attorney General, for the state.
• Judge Panel: Norton, J. All concur, except Judge Sherwood, and Henry, C. J., who is absent.
• Case Date: November 15, 1886
• Court: Supreme Court of Missouri

Page 830

1 S.W. 830 (Mo. 1886)

89 Mo. 590

The State

v.

Hert, Appellant

Supreme Court of Missouri

November 15, 1886

Appeal from Holt Circuit Court. -- Hon. H. S. Kelley, Judge.

Affirmed.

Stokes & Knowles for appellant.

B. G. Boone, Attorney General, for the state.

Norton, J. All concur, except Judge Sherwood, and Henry, C. J., who is absent.

OPINION

[89 Mo. 591] Norton, J.

At the January term, 1886, of the Holt county circuit court defendant was indicted and charged with having committed the crime of rape on the person of one Mina Davis, a female over the age of twelve years. He was put upon his trial at said term of court, and found guilty as charged and his punishment assessed at five years imprisonment in the penitentiary.

There was direct conflict between the evidence of the prosecuting witness, who testified to every fact necessary to establish the charge and that of defendant who testified in his own behalf and stated that the connection had by him with the prosecuting witness was with her full consent. While the evidence of defendant was uncorroborated, and contained some statements which it would tax the credulity of a juror to the utmost to believe, that of the prosecuting witness was, in some important particulars, corroborated by the evidence of her father, mother and aunt to whom she soon after, and at the earliest opportunity, communicated the fact of the perpetration of the outrage. With this conflict of evidence it is not our province to deal, it being the peculiar duty...