State v. Whitsett
| Decision Date | 01 July 1892 |
| Citation | 19 S.W. 1097,111 Mo. 202 |
| Parties | STATE v. WHITSETT. |
| Court | Missouri Supreme Court |
Appeal from circuit court, Ray county; JAMES M. SANDUSKY, Judge.
John Whitsett was convicted of an assault to commit rape, and appeals. Affirmed.
Ball & Hamilton, Farris & Son, and Garner & Son, for appellant. The Attorney General, for the State.
The defendant was sentenced by the circuit court of Ray county to pay a fine of $100 for an assault to commit rape, and he appeals, but has filed no statement nor brief. Upon an examination of the record we find that the evidence discloses about this state of facts: Defendant was a married man, and lived about half a mile from the home of Adelia Taggert, the prosecuting witness. On the 8th day of June, 1888, he went to her house, and asked the girl, who seems to have been alone at the time, for a saw he loaned her father a few days before. The girl testified as follows: As soon as she reached Mrs. Libold's she told what had happened, and on the same day told it to her mother. No evidence was offered by defendant; and at the close of the state's case he demurred to the evidence, which was overruled. The court, in substance, instructed the jury that, in order to convict defendant, they must find from the evidence that he assaulted the prosecuting witness with the intent to have sexual intercourse with her by force and against her will, notwithstanding...
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