Legal Opinion

Carpenter v. People

New York Supreme Court

Decided September 3, 1850PublishedCited by 49 opinions

The plaintiff in error was indicted in the court of sessions of Ontario county, under the act entitled “ An act to punish abduction as a crime,” passed March 20,1848. The indictment charged that the defendant did, on the 20th day of August, 1849, unlawfully and feloniously inveigle, entice and take away for the purpose of prostitution at a house of ill fame, assignation or elsewhere, one Louisa M. Sawyer, from the house of Joseph Sawyer her father, where the said Louisa then…

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The plaintiff in error was indicted in the court of sessions of Ontario county, under the act entitled “ An act to punish abduction as a crime,” passed March 20,1848. The indictment charged that the defendant did, on the 20th day of August, 1849, unlawfully and feloniously inveigle, entice and take away for the purpose of prostitution at a house of ill fame, assignation or elsewhere, one Louisa M. Sawyer, from the house of Joseph Sawyer her father, where the said Louisa then was; she the said Louisa being an unmarried female, of previous chaste character, and under the age of twenty-five…

1Opinion of the Court

By the Court, Welles, P. J.

The statute under which the defendant was indicted and convicted, declared an act to be a misdemeanor and highly penal, which was not recognized by the common law as a crime against the public. By all rules of construing statutes of that character, it should not be held to extend to cases which are not clearly within its meaning and objects. The statute is in the following language:

“Any person who shall inveigle, entice or take away any unmarried female of previous chaste character, under the age of *606twenty-five years, from her father’s house or wherever else she may…

2Cited by49 opinions

  1. People v. ClarkMichigan Supreme Court · 1876
  2. Wilson v. StateSupreme Court of Alabama · 1883
  3. Nichols v. StateIndiana Supreme Court · 1891
  4. Fahnestock v. StateIndiana Supreme Court · 1885
  5. State v. BurpeeSupreme Court of Vermont · 1892

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