¶1The 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 *105facts testified to by the girl berself, show beyond doubt or peradventure, that the crime of rape never was committed upon her by defendant. Therefore judgment affirmed.
77 Mo. 103
State v. Woolaver
Decided October 15, 1882
Supreme Court of Missouri · decided 1882-10-15
— Hon. M. G. McGregor, Judge.' 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.
Relies on State v. Ellis
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1882-10-15
How this case has been cited
Cited by 6 later decisions — most recently March 1902
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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