State v. McMahon

• Decision Date: 23 May 1911
• Citation: 234 Mo. 611,137 S.W. 872
• Parties: STATE v. McMAHON.
• Court: Missouri Supreme Court

137 S.W. 872

234 Mo. 611

STATE v. McMAHON.

Supreme Court of Missouri, Division No. 2.

May 23, 1911.

1. STATUTES (§ 241)—PENAL STATUTES—CONSTRUCTION.

Criminal and penal statutes are strictly construed in favor of the defendant and against the state.

2. CRIMINAL LAW (§ 150) —LIMITATIONS — RAPE.

The offense of seduction or of carnal knowledge of a female of previous chaste character is complete when the first act of sexual intercourse is committed, and if thereafter the act is repeated between the same parties, the female cannot be considered of previous chaste character as to the subsequent acts for the purpose of bringing the case within the statute of limitations.

Appeal from Criminal Court, Jackson County; Ralph S. Latshaw, Judge.

Vance McMahon was convicted of statutory rape and he appealed to the Court of Appeals. Case transferred to the Supreme Court. Reversed.

Elliott W. Major, Atty. Gen., and Jas. T. Blair, Asst. Atty. Gen., for the State.

KENNISH, P. J.

On the 9th day of February, 1909, the prosecuting attorney of Jackson county filed an information in the criminal court of said county charging appellant with carnally knowing and abusing Mary Nave, an unmarried female of previously chaste character, between the ages of 14 and 18 years, to wit, of the age of 16 years. At the same term of said court appellant was tried, convicted of the offense charged, and his punishment assessed at a fine of $300 and imprisonment in the county jail for six months. An appeal was taken to the Kansas City Court of Appeals, but as that court has no jurisdiction in felony cases the cause was transferred to this court. Appellant is not represented by counsel in this court, but we have carefully read the entire record, and from it have gleaned the following facts which are determinative of the cause:

The prosecutrix, Mary Nave, was born on September 24, 1890. In the month of September, 1904, her father being unable to support her, she went to the home of the defendant to live. The defendant's wife was an invalid. The prosecutrix agreed to do the household work, in consideration for which appellant promised to board and clothe her and send her to school. The prosecutrix testified that she went to the defendant's home on September 17, 1904; that within a day or two thereafter the defendant began to make improper advances, and within a week after she went to his house had carnal knowledge of her; that thereafter he continued to have intercourse with her "whenever he got a chance" until she left his home in 1907. The information was filed on February 9, 1909.

It is a well-established rule of criminal...