Hoff v. State
Mississippi Supreme Court
Feom: the circuit court of Amite county.' How. James H. Price, Special Judge. Hoff, appellant, was indicted, tried, and convicted of seduction, and appealed to the supreme court.
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Feom: the circuit court of Amite county.' How. James H. Price, Special Judge. Hoff, appellant, was indicted, tried, and convicted of seduction, and appealed to the supreme court. The facts on which the decision turned are stated in the opinion of the court. ■ The indictment, leaving off the formal part, is as follows": “William W. Hoff, late of the county aforesaid, in the county aforesaid, on September 21,1903, did then and there unlawfully and feloniously seduce and have illicit intercourse with one !Ludie Jackson, a female child under the age of sixteen years old, of previous chaste…
1Opinion of the Court
Whitfield, C. I.,
delivered the opinion of the court.
One of the grounds of the demurrer to this indictment, framed on § 1004 of the code of 1892, is that the female is not alleged to have been unmarried. Neither under § 1298 nor under § 1004 is it necessary that the indictment should allege that the woman was unmarried; that is matter of defense. It seems to have been overlooked by counsel that ive decided in Norton v. State, 72 Miss., 137, 16 South., 267, 18 South., 916, 48 Am. St. Hep., 538, that this averment was not necessary in an indictment framed on said § 1298. We there said: “It is…
2Cases cited5 opinions
- Yarbrough v. StateMississippi Supreme Court · 1893
- Ferguson v. StateMississippi Supreme Court · 1894
- Reddick v. StateMississippi Supreme Court · 1895
- Norton v. StateMississippi Supreme Court · 1894
- Sanders v. StateMississippi Supreme Court · 1895
3Cited by11 opinions
- Griffin v. StateMississippi Supreme Court · 1990
- Livingston v. StateMississippi Supreme Court · 1988
- Wright v. StateMississippi Supreme Court · 2007
- Peterson v. StateMississippi Supreme Court · 1978
- Lambert v. StateMississippi Supreme Court · 1946
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