Smith v. State

We think it necessary to discuss headnotes 3 and 4 only.

Error is assigned upon the court’s refusal to give the following request to charge: “If Bessie Burnam and the defendant were both unmarried, and the defendant had intercourse with her at the times and places testified about, which intercourse, if any, was not brought about by persuasion and promises to marry on the part of the defendant, the defendant would be guilty of the offense of fornication, and not seduction.” .

It has been repeatedly ruled by both the Supreme Court and this court that a refusal to give a requested charge is not…