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State v. Corwin

State v. Corwin, 140 N.E. 369 (Ohio 1922)
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Court
Ohio Supreme Court · State Highest Courts
Decided
December 30, 1922
Docket
No. 17756
Judges
Wanamaker
Citations
140 N.E. 3691 Ohio Law. Abs. 878106 Ohio St. (N.S.) 638106 Ohio St. 6381922 Ohio LEXIS 215

Opinion of the Court — Wanamaker

Text extracted by OCR from a scanned original; check the original for exact wording.

WANAMAKER, J.

Epitomized Opinion

Clem Corwin was indicted in 1922 for rape with violence upon A. S., a female under 16 years of age, under 12413 GC., and acquitted. At a subsequent term he was indicted under 12414 GC. carnally knowing A. S. with her consent. A plea of former jeopardy was sustained by the Common Pleas on the ground that Corwin had been tried (under 12413 GC.) and acquitted by a jury of the charge of rape with force and violence upon A. S. The state excepted. In sustaining the exceptions of the state the Supreme Court held:

Attorneys — J. L. Lott, Tiffin, for State; W. K. Keppel, Tiffin, for Corwin.

1. Rape with force and violence upon a person under the age of 16 is not the same offense as rape with consent. To establish the guilt of the accused under the former charge it is necessary for the state to prove beyond all reasonable doubt that the accused used force and violence in having carnal knowledge with the , prosecuting witness, and if there was reasonable doubt as to such force and violence charged in the indictment it was clearly the duty of the jury to acquit. Rape with consent is clearly and convincingly not the same. It is under an entirely different statute and can in no wise be regarded as an included offense. State v. Rose, 89 OS. at page 387.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1924: 11930: 11938: 11944: 11945: 11959: 11961: 21971: 11972: 12001: 119242026peak 1961 · 2

Relies on it most ⓘ

  1. State v. Daniels169 Ohio St. (N.S.) 87 (1959)
  2. State v. Bowden18 So. 2d 478 (Fla. 1944)
  3. Duvall v. State146 N.E. 90 (Ohio 1924)
  4. State v. Hansen2001 WI 53, 627 N.W.2d 195
  5. State v. Conrad243 So. 2d 174 (Fla. Dist. Ct. App. 1971)
  6. State v. Winger282 N.W. 819 (Minn. 1938)

Most recent

  1. State v. Hansen2001 WI 53, 627 N.W.2d 195
  2. State v. Boyle289 N.E.2d 913 (Ohio Ct. App. 1972)
  3. State v. Conrad243 So. 2d 174 (Fla. Dist. Ct. App. 1971)
  4. State v. McGraw177 N.E.2d 697 (Oh. Ct. Com. Pl., Scioto 1961)
  5. State v. Lieberman182 N.E.2d 569 (Ohio Ct. App. 1961) · Dissent
  6. State v. Daniels169 Ohio St. (N.S.) 87 (1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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