Ferguson v. State
Mississippi Supreme Court
From the circuit court of Panola county. Hon. Eugene Johnson, Judge. The case is stated iu the opinion. Section 1298, code 1892, is clearly a statute against the crime of seduction, one intended to protect womanly virtue. True the section uses the language “any woman,” etc., but it presupposes chastity. Its title shows this. Besides, it refers in its concluding pai’t- to “ the female seduced.”
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From the circuit court of Panola county. Hon. Eugene Johnson, Judge. The case is stated iu the opinion. Section 1298, code 1892, is clearly a statute against the crime of seduction, one intended to protect womanly virtue. True the section uses the language “any woman,” etc., but it presupposes chastity. Its title shows this. Besides, it refers in its concluding pai’t- to “ the female seduced.” See Wilson v. State, 73 Ala., 527. It is everywhere held that when the female is unchaste there can be no seduction. 40 Ark., 482; 33 Mich., 112; 49 Cal., 9; 3 L. R. A., 529; 17 Or., 238. The statute…
1Opinion of the CourtWoods, J.
The action of the trial court in overruling the demurrer to the indictment is brought under review by the first assignment of error. The demurrer raises two questions, and we examine them in their order: (1) The indictment does not charge that the woman alleged to have been seduced was of previous chaste character; (2) the indictment does not charge that, at the time of the alleged seduction under promise of marriage, the woman was unmarried.
On the first proposition it is to be said that § 1298, code 1892, prescribes the punishment for seduction of any woman, or female child over the age of…
2Cases cited7 opinions
- People v. ClarkMichigan Supreme Court · 1876
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- Armstrong v. . PeopleNew York Court of Appeals · 1877
- People v. BrewerMichigan Supreme Court · 1873
- Hemingway v. StateMississippi Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Slaughter v. StateCourt of Criminal Appeals of Texas · 1920
- State v. HetrickSupreme Court of Kansas · 1911
- Bynum v. StateSupreme Court of Florida · 1918
- Norton v. StateMississippi Supreme Court · 1894
- Hoff v. StateMississippi Supreme Court · 1903
20 more not listed; retrieve them via the Exa API.