State v. Gibson
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) The court should.have sustained the demurrer to the evidence, there being no evidence of conspiracy, and the witness, Ada E. Dyche, testifying that she requested the appellant to take her away, and that he never at any time solicited her to leave her father’s home; he was guilty of no crime in taking her, and the mere act of illicit intercourse on the road that night cannot make that a crime which would…
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Appeal from Harrison Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) The court should.have sustained the demurrer to the evidence, there being no evidence of conspiracy, and the witness, Ada E. Dyche, testifying that she requested the appellant to take her away, and that he never at any time solicited her to leave her father’s home; he was guilty of no crime in taking her, and the mere act of illicit intercourse on the road that night cannot make that a crime which would not otherwise be. If she came to him and requested him to take her away for a legitimate purpose, as she insists she…
1DissentThomas, J.
(dissenting). — I am unable to agree to the conclusion reached in the foregoing opinion or the reasoning on which it is based. I think the indictment sufficient.
The first objection to the indictment is that it charges three men with taking away a female for the purpose of concubinage by having illicit intercourse with them and divers other men to the jurors unknown. The argument is that three men designing to have sexual intercourse with a female might take her aWay for the purpose of prostitution, but not for concubinage. This proposition involves the discussion of the distinction between…
2Cases cited10 opinions
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- Ande v. StateSupreme Court of Iowa · 1857
- Carpenter v. PeopleNew York Supreme Court · 1850
- State v. CarronSupreme Court of Iowa · 1865
- State v. StoneSupreme Court of Missouri · 1891
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