State v. Mace

Citation278 S.W. 718
Decision Date22 December 1925
Docket NumberNo. 26455.,26455.
PartiesSTATE v. MACE.
CourtUnited States State Supreme Court of Missouri

Appeal from Circuit Court, Texas County; W. E. Barton, Judge.

Jasper Mace was convicted of rape, and he appeals. Affirmed.

Robert W. Otto, Atty. Gen., (Earl E. Roberts, of Steelville, of counsel), for the State.

WHITE, J.

In the circuit court of Texas county, on April 24, 1924, the defendant was found guilty of statutory rape, and his punishment assessed at two years in the state penitentiary. The indictment on which he was tried charged that on or about the ___ day of April, be had carnal knowledge of one Etta Lee, a female child under the age of 16 years, the defendant at the time being a male person over the age of 18 years.

The evidence showed that Etta Lee lived near Edenville, in Texas county; that Jasper Mace overtook her in the afternoon on her way home from a neighbor's house. She was walking, and he was on horseback. He got off his horse and walked with her, and finally made his attack upon her. This occurred some time in the spring of 1922. Later in April, 1922, she saw him at the post office at Baldrich. After she started home he intercepted her on the way and again assaulted her. On cross-examination she admitted she made no outcry and did not tell her parents until she had to do so. Her father and mother each testified to her age as being 14 years in April, 1922. Each of them stated she did not tell her condition nor admit it until perceived by them, and she gave birth to a child. The defendant denied entirely an assault upon the girl, and introduced evidence to show that he was elsewhere at the time of the alleged crime.

No brief is filed on behalf of the defendant. The only errors assigned in the motion for new trial relate to the sufficiency of the evidence to submit the case to the jury, the admitting of incompetent evidence on the part of the state, and the giving of instructions.

I. The evidence was entirely sufficient and warranted the jury in finding the defendant guilty as charged. The only important error assigned to the admission of evidence related to a book kept by the girl's mother, in which she had recorded the ages of her children. It showed that the girl was born May 13, 1907, which would make her not 15 years of age at the time of the occurrence. The objection to this entry was that it was made long after the birth. The mother admitted that she made the entry in the hook two or three years after the birth of the girl, but...

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13 cases
  • State v. Graves, 38734.
    • United States
    • United States State Supreme Court of Missouri
    • 5 June 1944
    ......(2d) 768. (10) Trial court did not err in giving Instruction 22, and the giving of such instruction was not prejudicial to the rights of the defendant: neither was there an objection to such instruction nor exceptions saved thereto. State v. Furgerson, 53 S.W. 427, 152 Mo. 92; State v. Mace, 278 S.W. 718; State v. Mosley, 22 S.W. (2d) 784; State v. Bunch, 333 Mo. 20, 62 S.W. (2d) 439; State v. Herring, 92 S.W. (2d) 132; State v. Jackson, 102 S.W. (2d) 612, 340 Mo. 748. (11) The trial court did not commit error in submitting Instruction 1 to the jury. State v. Johnson, 3 S.W. 868, 91 ......
  • State v. Graves
    • United States
    • United States State Supreme Court of Missouri
    • 5 June 1944
    ......(10). Trial court did not err in giving Instruction 22, and the. giving of such instruction was not prejudicial to the rights. of the defendant: neither was there an objection to such. instruction nor exceptions saved thereto. State v. Furgerson, 53 S.W. 427, 152 Mo. 92; State v. Mace, 278 S.W. 718; State v. Mosley, 22 S.W.2d. 784; State v. Bunch, 333 Mo. 20, 62 S.W.2d 439;. State v. Herring, 92 S.W.2d 132; State v. Jackson, 102 S.W.2d 612, 340 Mo. 748. (11) The trial. court did not commit error in submitting Instruction 1 to the. jury. State v. Johnson, 3 S.W. ......
  • State v. Burton
    • United States
    • United States State Supreme Court of Missouri
    • 9 December 1946
    ...... United States, 4 F.2d 781. (11) The severe and unusual. punishment inflicted by the court, conclusively shows that he. considered matters other than those disclosed by the record,. otherwise the punishment would have been in line with that. assessed in similar cases. State v. Mace, 278 S.W. 718; State v. Sikes, 24 S.W.2d 989; State v. Clark, 182 S.W.2d 619. (12) It was error for the court. to refuse to permit the jury to deliberate longer than five. hours, in attempting to assess defendant's punishment,. before giving them Instruction 9 and the third form of. verdict. ......
  • State v. Pyle
    • United States
    • United States State Supreme Court of Missouri
    • 20 December 1938
    ...... argument of defendant's counsel; and, as we read the. record, the court had reference to remarks exchanged when. counsel undertook to argue matters not of record. We perceive. nothing of record upon which to base error. [Consult State v. Mace (Mo.), 278 S.W. 718, 719(4).]. . .          Complaint. is made of the refusal of defendant's instruction to the. effect that the defendant was "part negro" and the. prosecutrix a "white girl;" and that in arriving at. their verdict, the jury should accord defendant the same fair. ......
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