State v. Phillips
Supreme Court of Missouri
Appeal from Nodaway Circuit Court.- — Hon. Wm. G. Ellis, Judge. The court should have given the instruction in the nature of a. demurrer at the close of the State’s case, there being no seduction in this case. State v. Reeves, 97 Mo. 668; State v. Ecklér, 106 Mo. 585; State v. Primm, 98 Mo. 368.- The prosecutrix is corroborated by the evidence of witness Pierson, who testified that defendant told him that he had promised to marry the girl, hut did not intend to do so.
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Appeal from Nodaway Circuit Court.- — Hon. Wm. G. Ellis, Judge. The court should have given the instruction in the nature of a. demurrer at the close of the State’s case, there being no seduction in this case. State v. Reeves, 97 Mo. 668; State v. Ecklér, 106 Mo. 585; State v. Primm, 98 Mo. 368.- The prosecutrix is corroborated by the evidence of witness Pierson, who testified that defendant told him that he had promised to marry the girl, hut did not intend to do so. This is sufficient evidence to convict, if believed by the jury, and the verdict herein must be sustained under the rule…
1Opinion of the CourtGantt, P. J.
This prosecution is by information filed by the prosecuting attorney of Nodaway county on the first day of the June term, 1903, of the circuit court of said county and duly verified. The information charges the seduction of Effie Sloan in said county on or about the first day of November, 1902, under a promise of marriage. The defendant was convicted and sentenced to three years in the penitentiary. The defendant was duly arraigned and pleaded not guilty. The record proper is without error. While the motion for new trial assigns error in the instructions, the refusal of the instruction in the…
2Cited by3 opinions
- Harding v. CommonwealthSupreme Court of Virginia · 1922
- State v. SublettSupreme Court of Missouri · 1905
- State v. WallaceSupreme Court of Missouri · 1926