State v. Woolaver
| Decision Date | 31 October 1882 |
| Citation | 77 Mo. 103 |
| Parties | THE STATE v. WOOLAVER, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Jasper Circuit Court.--HON. M. G. MCGREGOR, Judge.
AFFIRMED.
The prosecuting witness, who was defendant's stepdaughter, testified that defendant had had connection with her twice, the first time when she was between thirteen and fourteen years of age, the second time a year later; and that on the first occasion she resisted but defendant forced her. According to her statement, the act was committed the first time about daylight in the morning in defendant's house, a house consisting of a single room fourteen feet square, in which were two beds, one occupied by defendant's wife and two children, the other by the witness and her two sisters. On the other occasion it was committed in the day time in a corn pen, witness' sister being at work just outside the pen, and her mother in the house thirty feet away. Witness did not claim to have made any outcry on either occasion.
Phelps & Brown for appellant.
D. H. McIntyre, Attorney General, for the State.
The defendant was indicted under section 1260, Revised Statutes, for defiling a female under the age of eighteen years, his step-daughter, entrusted to his care and protection. On the trial he was convicted and the only question necessary to be considered is whether the instruction which told the jury to find the defendant guilty, if he had carnal knowledge of the girl either with or without force, is, in the circumstances of this case, such error as should cause the reversal of the judgment. The instruction was doubtless erroneous. State v. Ellis, 74 Mo. 385. But it could not have operated to the prejudice of the defendant; for the evidence in the case; the physical facts testified to by the girl herself, show beyond doubt or peradventure, that the crime of rape never was committed upon her by defendant. Therefore judgment affirmed.
All concur.
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...will not be disturbed because the evidence shows defendant guilty of murder in the first degree. But here we are confronted with State v. Woolaver, 77 Mo. 103, State v. Strattman, 100 Mo. 540, 13 S. W. 814, and State v. Lingle, 128 Mo. 528, 31 S. W. 20, all of which follow State v. Ellis, 7......
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The State v. Hamey
...ceases. [State v. Moses Ellis, 74 Mo. loc. cit. 385, and cas. cit.] Especially so, as this court has three times decided, in State v. Woolaver, 77 Mo. 103; v. Strattman, 100 Mo. 540, 13 S.W. 814; State v. Lingle, 128 Mo. 528, 31 S.W. 20, that under section 1845, if force be used, there can ......
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...State v. Ellis, 74 Mo., loc. cit. 386, 41 Am. Rep. 321, and cases cited. Especially so, as this court has three times decided, in State v. Woolaver, 77 Mo. 103, State v. Strattman, 100 Mo. 540, 13 S.W. State v. Lingle, 128 Mo. 528, 31 S.W. 20, that under section 1845, if force be used, ther......