State v. Thornton
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in excusing the juror Slavens, and in.substituting for him Sabourin. (2) On the testimony of the prosecutrix, the defendant ought to have been declared not guilty by the court; -clearly the jury ought to have found him not guilty.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in excusing the juror Slavens, and in.substituting for him Sabourin. (2) On the testimony of the prosecutrix, the defendant ought to have been declared not guilty by the court; -clearly the jury ought to have found him not guilty. State v. Reeves, 97 Mo. 668; State v. Wheeler, 94 Mo. 252 ; State v. Patterson, 88 Mo. 88. (1) It was not necessary for the indictment to state that the defendant agreed to marry the prosecuting witness. (2) The objection to the substituted juror was not made in the original motion…
1Opinion of the CourtThomas, J.
The defendant was sentenced to imprisonment in the penitentiary for two years, for seduction under promise of marriage, at the June term, 1890, of the circuit court of Montgomery county, on change of venue from Lincoln county, and the case is before this court on defendant’s appeal.
I. The first assignment of error is that the testimony of Alice Cook, the prosecutrix, shows she was *642not seduced under promise oí marriage within the meaning of the statute under which the indictment in this case was drawn. Her testimony was, in substance, to the effect that she and defendant became engaged…
2Cases cited17 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. PattersonSupreme Court of Missouri · 1885
- State v. . HortonSupreme Court of North Carolina · 1888
- State v. TimmensSupreme Court of Minnesota · 1860
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3Cited by3 opinions
- People v. WeinstockNew York City Magistrates' Court · 1912
- State v. ThomasSupreme Court of Missouri · 1910
- United States Nickel Co. v. BarrettCity of New York Municipal Court · 1914