Legal Opinion · Dissent

State v. Cooke

Supreme Court of North Carolina

Decided November 6, 1918Published

Walker, X, concurring with opinion; Hoke, X, concurring in result; Allen, J., dissenting; Brown, J., concurring in the dissenting opinion of Allen, J. Appeal by defendant from Calvert, J., at May Term, 1918, of Feaete-LIN. Tbe defendant was indicted and convicted for seduction under promise of marriage, and appealed.

1DissentAlleN, J.

The statute under which the defendant is indicted has a twofold purpose — one, to protect the innocent and virtuous woman; and the other, to guard the man from an unfounded charge, made by the woman in her extremity; and it is therefore provided “That any man who shall seduce an innocent and virtuous women under promise of marriage shall be guilty of a crime,” but that “The unsupported testimony of the woman shall not be sufficient to convict.” Rev., sec. 3354.

In the construction of the statute, it has been uniformly held that the •essential elements in the crime are: (1) The woman must be…

2Cases cited2 opinions

  1. State v. . FergusonSupreme Court of North Carolina · 1890
  2. State v. MoodySupreme Court of North Carolina · 1916

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