State v. Anderson
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. J. G. Slate, Judge. The taking of a female from her place of abode, though it be at the instance of the accused and for the purpose of sexual intercourse, does not constitute the act “a taking within the purview of the statute.” The taking, in order to be “a taking” under the statutatory prohibition of said Section 5 must be with the intent and purpose of causing the female to become a prostitute.
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Appeal from Moniteau Circuit Court. — Hon. J. G. Slate, Judge. The taking of a female from her place of abode, though it be at the instance of the accused and for the purpose of sexual intercourse, does not constitute the act “a taking within the purview of the statute.” The taking, in order to be “a taking” under the statutatory prohibition of said Section 5 must be with the intent and purpose of causing the female to become a prostitute. State v. Gibson, 111 Mo. 98. Said section does not prohibit mere sexual intercourse; it only prohibits the taking away of a female where the taking has in…
1Opinion of the Court
An amended information was filed in this cause on January 12, 1920, by the prosecuting attorney of Moniteau County, Missouri, in two counts. As the trial court directed a verdict in favor of defendant as to the first count, we will only set out the second count, under which defendant was tried and convicted, which reads as follows:
"S.C. Gill, prosecuting attorney within and for Moniteau County, Missouri, upon his oath of office, further informs the court that said Neeley J. Anderson, on or about the first day of October, 1919, at the county of Moniteau, in the State of Missouri, did then and…
2Cases cited5 opinions
- Carpenter v. PeopleNew York Supreme Court · 1850
- State v. RuhlSupreme Court of Iowa · 1859
- State v. StoyellSupreme Judicial Court of Maine · 1866
- Osborn v. StateIndiana Supreme Court · 1876
- Commonwealth v. CookMassachusetts Supreme Judicial Court · 1846
3Cited by1 opinion
- State v. KayserMissouri Court of Appeals · 1977