Legal Opinion

State v. Buffington

Supreme Court of Kansas

Decided July 15, 1878PublishedCited by 35 opinions

Appeal from Neosho District Court. Information, charging that defendant Buffington, at the county of Neosho, on the first day of November 1877, “willfully, unlawfully, and feloniously defiled one Emily B., a female person under the age of eighteen years, by carnally knowing her the- said Emily, she the said Emily being then and there under the care and control of said defendant, she having been confided to his care and protection by her parents.” Plea, not guilty.

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Appeal from Neosho District Court. Information, charging that defendant Buffington, at the county of Neosho, on the first day of November 1877, “willfully, unlawfully, and feloniously defiled one Emily B., a female person under the age of eighteen years, by carnally knowing her the- said Emily, she the said Emily being then and there under the care and control of said defendant, she having been confided to his care and protection by her parents.” Plea, not guilty. Trial at April Term 1878. The record shows that Buffington was brother-in-law of Emily B. He lived with his wife in the house and…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was a criminal prosecution under section 233 of the crimes-and-punishments act; (Gen. Stat. 369.) The defendant was charged with defiling one Emily Barney, a female person under eighteen years of age, by carnally knowing her while she was confided to his care and protection by her parents. The girl Emily was a sister of the defendant’s wife, and their father, Joseph M. Barney, was the prosecuting witness in the case. On the trial, the prosecution introduced in evidence a letter from the defendant to his wife. This was done under the…

2Cases cited4 opinions

  1. State v. McCordSupreme Court of Kansas · 1871
  2. Goddard v. GardnerSupreme Court of Connecticut · 1859
  3. State v. CenterSupreme Court of Vermont · 1862
  4. State v. HowardSupreme Court of Kansas · 1878

3Cited by35 opinions

  1. People v. . HayesNew York Court of Appeals · 1894
  2. State of Kansas v. RobertsSupreme Court of Kansas · 1915
  3. State v. UlrichSupreme Court of Missouri · 1892
  4. State v. WilkinsOregon Supreme Court · 1914
  5. State v. NelsonWashington Supreme Court · 1905

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