State v. Mitchell
| Decision Date | 05 January 1895 |
| Parties | THE STATE OF KANSAS v. GEORGE A. MITCHELL |
| Court | Kansas Supreme Court |
Appeal from Ford District Court.
GEORGE A. MITCHELL, convicted of an assault with intent to commit a rape, appeals. The material facts appear in the opinion.
Judgment reversed.
Ed. H Madison, for appellant.
John T Little, attorney general, and F. A. Mitchell, county attorney, for The State.
OPINION
The defendant was charged with the crime of rape on the person of Ina Longwell, a woman of the age of 18 years. The undisputed facts in the case are, that Ina Longwell worked as a domestic servant for the family of J. C. Briggs, in Dodge City. On the 19th of November, 1893, she went to visit her mother, who lived at Fort Dodge, riding in a buggy with J. C. Briggs. On the road they passed the defendant, who was also riding in a buggy going to Fort Dodge. The mother of the prosecuting witness asked the defendant if her daughter might ride home with him, to which he assented. About 7 o'clock, or a little before, the defendant and the prosecuting witness started with his horse and buggy to ride from Fort Dodge to Dodge City. They arrived in Dodge City not later than about 9 o'clock that evening. As to what transpired during the trip, there is no testimony but that of the immediate parties, which is flatly contradictory in every essential particular. The parties started out on the road running south of the line of the railroad. The prosecuting witness testified that when they came to the stock yards, he turned north, crossed the railroad tracks, drove over to another road and turned back east. She stated that she then told him that that was not the way to Mr. Briggs's, and that she wanted him to take her right to Mr. Briggs's; that when he turned to go east, she screamed and tried to jump out of the buggy, but that he grabbed hold of her, and held her in; that he whipped the horse into a run, threw the lines over the dashboard, and held her with both hands; that, after going about a quarter of a mile straight east, he turned northeast across the prairie, and drove into a kind of ravine between the bills; that there he stopped the horse, got out of the buggy, and tried to take her out; that she held to the side bars so that he did not succeed; that he then got into the buggy, pulled her down off the seat so that the small of her back was against the edge of the seat, and that he there ravished her. The buggy is what is termed by the witness a "piano box." It belongs to Mr. Juneau, a lumber dealer, for whom the defendant was working. According to the testimony of Mr. Juneau, which is all there is in the record on the subject, the top of the cushion on the buggy seat was 13 1/2 inches from the floor of the buggy box. From the seat to...
To continue reading
Request your trial
-
State v. Harness
... ... Upon ... the question of the insufficiency of the evidence to justify ... the verdict, and that it is against law, we desire to call ... the court's attention to the following authorities: ... People v. Tarbox, 115 Cal. 57, 46 P. 896; State ... v. Mitchell, 54 Kan. 516, 38 P. 810; Curby v ... Territory of Arizona, 4 Ariz. 371, 42 P. 953; Tway ... v. State, 7 Wyo. 74, 50 P. 188; Sowers v ... Territory, 6 Okla. 436, 50 P. 257; State v ... McMillan, 20 Mont. 407, 51 P. 827; State v ... Baker, 6 Idaho 496, 56 P. 81; People v. Benson, ... 6 Cal ... ...
-
United States v. Fleming
...v. Cosad, 253 App. Div. 104, 1 N.Y.S.2d 132 (1937); People v. Lardner, 300 Ill. 264, 133 N.E. 375, 19 A.L.R. 721 (1921); State v. Mitchell, 54 Kan. 516, 38 P. 810 (1895). 8. State of Connecticut v. Shepard, 7 Conn. 54 (1828). One acute commentator warns that such anomalies are a consequence......
-
State v. Matlock
...her testimony and found the defendant guilty beyond a reasonable doubt. State v. Carr, 230 Kan. 322, 634 P.2d 1104; State v. Mitchell, 54 Kan. 516, 38 P. 810 (1895). We wish to emphasize that we are not repudiating the rule that the uncorroborated testimony of the prosecutrix may be suffici......
-
State v. Shaw
... ... of such assault, or in pursuance of such attempt." ... Under ... that statute it has been held that where the proof of a ... completed crime of rape was established, one could not be ... convicted of an attempt to commit rape (The State v ... Mitchell, 54 Kan. 516, 38 P. 810); but where rape and ... attempt at rape were both charged and the proof of rape was ... slight, and the proof of the attempt was clear, a verdict of ... acquittal on the charge of rape and of guilty on the charge ... of attempt to commit rape was upheld. (The State v ... ...