Kolb v. State
Mississippi Supreme Court
Appeal from circuit court of Forrest county. Hon. R. S. Hall, Judge. -Á. E. Kolb was convicted for violating the Age of Consent Law, and he appeals. According to the statute under which the appellant is being prosecuted, an act of carnal knowledge is, criminal or not, depending upon two tilings; (a) tbe time when, and (b) the conditions under which, the act was committed.
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Appeal from circuit court of Forrest county. Hon. R. S. Hall, Judge. -Á. E. Kolb was convicted for violating the Age of Consent Law, and he appeals. According to the statute under which the appellant is being prosecuted, an act of carnal knowledge is, criminal or not, depending upon two tilings; (a) tbe time when, and (b) the conditions under which, the act was committed. Let us once more undertake to demonstrate by analysis of the statute and by illustration, that time is of the essence of the offense created by the statute; (a) If the act be committed before the female has passed her…
1Opinion of the CourtEthridge, J.
The appellant was indicted for violating the Age of Consent Law (chapter 171, Laws of 1914; section 1093, Hemingway’s Code); the indictment charging that A. E. Kolb, on the 23d day of January, 1922, in Forrest county, did unlawfully and feloniously have carnal knowledge of one Jeanette Smith Boling, an unmarried female of pre*846vious chaste character, younger than himself, and over the age of twelve years and under the age of eighteen years.
Section 1093, Hemingway’s Code (Section 1, chapter 171, Laws of 1914), reads as follows:
“That any male person who shall have carnal knowledge of any…
2Cases cited7 opinions
- Hatton v. StateMississippi Supreme Court · 1908
- State v. LockerbySupreme Court of Minnesota · 1892
- King v. StateMississippi Supreme Court · 1919
- Long v. StateMississippi Supreme Court · 1911
- Carroll v. StateMississippi Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brooks v. StateMississippi Supreme Court · 1971
- Stegall v. StegallMississippi Supreme Court · 1929
- Miley v. StateMississippi Supreme Court · 2006
- Gillespie v. StateMississippi Supreme Court · 1952
- Doss v. StateMississippi Supreme Court · 1930
5 more not listed; retrieve them via the Exa API.