State v. Sibley

131 Mo. 519 & 132 Mo. 102 (1895)

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Nature of the Case

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Facts

Lula is the daughter of D's wife, Roxie, by a former husband. She testified that when she was between twelve and thirteen years of age, and about the first of July, 1887, in the house and in the forenoon of that day, during the absence of her mother from home, D had a criminal connection with her by force and against her will. Afterward, D told her that she would have to submit to D's wishes or leave home; D had a criminal connection with her as many as thirty-five to forty times, always in the same room where her mother slept, she having knowledge of what was going on, at all times. She eventually became pregnant, left home supported by D, and had a stillborn child. During her pregnancy, D gave her medicine to produce an abortion. D and her mother were both well aware of her condition before she left home, and her object and purpose in so doing. That she never told any person except her mother of D's mistreatment of her, although she had a brother older than herself, a grandmother, and a sister. The mother testified as a witness for D and denied all knowledge of any improper relations between Lula and him. D testified as a witness on his own behalf and denied ever having any improper relations with Lula that he had any care of, or control over, her, or that he was the father of her child. The evidence as to D's character for morality and chastity, truth and veracity, was conflicting. Witnesses were permitted over the objection of D to testify that his general character for chastity and virtue was bad. D was convicted and appealed.