Elkins v. State

This appeal is from a conviction of violation of the age of consent. In two important respects we have here an illustration of the most extreme application of this statute yet before this court, in that (1) the female was within thirty days of the age of twenty-one; and (2) she had been married and had separated from her husband; whether the record establishes by competent evidence that she had been divorced being questioned. These unusual features are important.

A question is plausibly presented as to whether or not a woman of this age and marital experience is within the intent of this…