State v. McClain
Supreme Court of Kansas
Appeal from Wyandotte District Court. Prosecution for obtaining illicit intercourse, under promise of marriage, with a woman of good repute, under the age of 21 years. From a judgment of conviction, the defendant, McClain, appeals. The trial court erred in refusing to grant defendant’s motion for a continuance. The information was filed March 5, 1892, on which day the preliminary examination was had. The age of the prosecutrix was one of the material facts to be established.
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Appeal from Wyandotte District Court. Prosecution for obtaining illicit intercourse, under promise of marriage, with a woman of good repute, under the age of 21 years. From a judgment of conviction, the defendant, McClain, appeals. The trial court erred in refusing to grant defendant’s motion for a continuance. The information was filed March 5, 1892, on which day the preliminary examination was had. The age of the prosecutrix was one of the material facts to be established. The affidavit shows that the facts set forth were material and competent, and, if established, acquitted the defendant.…
1Opinion of the Court
Opinion by
Simpson, C.:
At the March term, 1892, of the district court of Wyandotte county, the appellant, Joe McClain, was convicted of the crime of obtaining illicit intercourse, under promise of marriage, with one Emma Jansen, a female of good repute, under the age of 21 years. He was sentenced to three years’ hard labor in the state penitentiary, and adjudged to pay the costs of prosecution. From this sentence he appeals to this court.
I. His first complaint is, that the trial court erroneously overruled his motion for a continuance. The information against him was filed on the 5th day of…
2Cases cited3 opinions
- State v. CainWest Virginia Supreme Court · 1876
- Cheever v. CongdonMichigan Supreme Court · 1876
- Hill v. EldridgeMassachusetts Supreme Judicial Court · 1879
3Cited by10 opinions
- Chaney v. CommonwealthCourt of Appeals of Kentucky · 1912
- State v. MillerSupreme Court of Kansas · 1905
- State v. SchutWashington Supreme Court · 1967
- State v. ScroggsSupreme Court of Iowa · 1903
- Commonwealth v. JoyceSupreme Court of Pennsylvania · 1934
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