State v. Cavett

Convicted of the crime of fornication, defendant appeals from the order denying his motion for a new trial.

The first assignment of error challenges the introduction of some hearsay evidence that the woman in the case was single. There is no other evidence that she was unmarried. It appears clearly enough that she was not married to defendant. ¡Without evidence other than of the intercourse and that the parties were not husband and wife, the prima facie case for the state is complete. “The single state is, however, the natural, and, during early life, the only possible one; nor is there any…