Legal Opinion

Hatton v. State

Mississippi Supreme Court

Decided March 15, 1908PublishedCited by 11 opinions

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Hatton, appellant, was indicted and tried for the seduction of his niece, Novella Hatton, a female child under the age of eighteen years, was convicted, sentenced to the penitenitary for ten years; and appealed to the supreme court. The opinion of the court states the facts.

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From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Hatton, appellant, was indicted and tried for the seduction of his niece, Novella Hatton, a female child under the age of eighteen years, was convicted, sentenced to the penitenitary for ten years; and appealed to the supreme court. The opinion of the court states the facts. Code 1906, § 1414, cited in the opinion, provides that a person shall not be prosecuted for any offense, excepting certain enumerated felonies, seduction not being one of them, unless the prosecution be commenced within two years next after its…

1Opinion of the CourtCalhoon, J.

This was an indictment and conviction for seduction. It is only necessary for us to say that by Code 1906, §§ 1414 and 1415, which are the same as Annotated Code 1892, §§ 1342 and 1343, this prosecution is clearly shown to have been commenced more than two years after the commission of the crime, and the conviction is therefore of no force. Thompson v. State, 54 Miss., 740. The seduction occurred more than two years before the indictment was found. The proof is conclusive that it took place on June 15, 1905, and the indictment was not found until September 7, 1907, more than two years…

2Cases cited4 opinions

  1. People v. . NelsonNew York Court of Appeals · 1897
  2. Thompson v. StateMississippi Supreme Court · 1877
  3. State v. CarronSupreme Court of Iowa · 1865
  4. People v. MillspaughMichigan Supreme Court · 1863

3Cited by11 opinions

  1. Baine v. StateMississippi Supreme Court · 1992
  2. Christmas v. StateMississippi Supreme Court · 1997
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1933
  4. Kralick v. ShuttleworthIdaho Supreme Court · 1930
  5. Kolb v. StateMississippi Supreme Court · 1922

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