Hust v. State

The defendant was indicted, tried and convicted of having carnal knowledge of Ruthie Dirks, a female under the age of consent.

The motion in arrest was, we think, properly overruled. It is true that the indictment does not allege that the defendant and prosecuting witness were not man and wife, but alleges that she was under the age of sixteen, and that defendant did unlawfully and feloniously have carnal knowledge of her. This follows the language of the statute, and sufficiently negatives the idea that they .were man and wife. If they had been man and wife, such intercourse would not have…