State v. Fogg
Supreme Court of Missouri
Appeal from Barry Circuit Court. — Hon. Argus Cox, Judge. (1) In this ca.se the sexual intercourse was admitted by defendant before any testimony was introduced, and never denied at any time during the trial. The rule is that the prosecution, in cases of seduction, where the sexual intercourse is denied, may refer to' the child born as a circumstance tending to corroborate the prosecuting witness as to criminal intimacy.
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Appeal from Barry Circuit Court. — Hon. Argus Cox, Judge. (1) In this ca.se the sexual intercourse was admitted by defendant before any testimony was introduced, and never denied at any time during the trial. The rule is that the prosecution, in cases of seduction, where the sexual intercourse is denied, may refer to' the child born as a circumstance tending to corroborate the prosecuting witness as to criminal intimacy. But where the sexual intercourse is admitted, as in this case, the exhibition of the child or its paternity is immaterial and could serve no other purpose than to prejudice…
1Opinion of the CourtFox, P. J.
This cause is brought to this court by appeal on the part of the defendant from a judgment of conviction in the circuit, court of Barry county for seduction under promise of marriage. Omitting formal *701parts, the information, which was duly verified, upon which this prosecution is based, thus charged the offense :
“D. H. Kemp, prosecuting attorney within and for the county of Barry, in the State of Missouri, acting herein under his oath of office, and upon his knowledge, information and belief, informs the court that one James R. Fogg, on the — day of March, 1905, at and in the county of Barry…
2Cases cited5 opinions
- State v. ReevesSupreme Court of Missouri · 1888
- State v. ForshaSupreme Court of Missouri · 1905
- State v. ThomasSupreme Court of Missouri · 1883
- State v. BryanSupreme Court of Kansas · 1885
- State v. SharpSupreme Court of Missouri · 1896
3Cited by19 opinions
- State v. FieldsSupreme Court of Missouri · 1911
- Jordan v. CommonwealthCourt of Appeals of Kentucky · 1918
- State v. LongSupreme Court of Missouri · 1914
- State v. HenkeSupreme Court of Missouri · 1926
- State v. HarrisSupreme Court of Missouri · 1929
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