State v. Primm
Supreme Court of Missouri
Appeal from, Knox Circuit Court. — Eon. E. E. Turnee, Judge. (1) The motion to quash the indictment should have been sustained. It fails to allege that Maggie Huffman agreed to marry defendant, or that she relied on the mutual promise so made and subsisting at the time she was seduced; nor that any time was ever agreed upon to be married ; nor any facts from which the law wTould imply a reasonable time.
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Appeal from, Knox Circuit Court. — Eon. E. E. Turnee, Judge. (1) The motion to quash the indictment should have been sustained. It fails to allege that Maggie Huffman agreed to marry defendant, or that she relied on the mutual promise so made and subsisting at the time she was seduced; nor that any time was ever agreed upon to be married ; nor any facts from which the law wTould imply a reasonable time. State v. Helm, 6 Mo. 263; State v. Rose, 25 Mo. 426; State v. EmericTi, 87 Mo. 110. (2) The third instruction for the state was not warranted by the evidence. (3) The evidence does not support…
1Opinion of the CourtSiiekwood, J.
— The defendant was indicted under the provisions of Revised Statutes, 1879, section 1259, for seducing and debauching under promise of marriage an unmarried female of good repute, etc. Tried, he was convicted and sentenced to imprisonment in the county jail for three months and to pay a fine of five hundred dollars.
1. Though objections are made to the indictment, it follows the language of the statute, is in the usual form and is not open to the criticism made on behalf of defendant. It was not necessary that it should be alleged that defendant was unmarried, because the statute levels its…
2Cases cited13 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- State v. ReevesSupreme Court of Missouri · 1888
- Whitsett v. RansomSupreme Court of Missouri · 1883
- State v. MansfieldSupreme Court of Missouri · 1867
- Baker v. StonebrakerSupreme Court of Missouri · 1865
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. GregorySupreme Court of Missouri · 1936
- State v. YoungSupreme Court of Missouri · 1894
- State v. PrendibleSupreme Court of Missouri · 1901
- State v. LongSupreme Court of Missouri · 1914
- State v. GibsonSupreme Court of Missouri · 1892
18 more not listed; retrieve them via the Exa API.