State v. Eckler
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The verdict of the jury of conviction is contrary to the evidence ; for that of the prosecutrix shows that she was not seduced by the defendant, but that she procured the promise of marriage to her as a consideration for the intercourse. The defendant was, therefore, entitled to an instruction to acquit.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The verdict of the jury of conviction is contrary to the evidence ; for that of the prosecutrix shows that she was not seduced by the defendant, but that she procured the promise of marriage to her as a consideration for the intercourse. The defendant was, therefore, entitled to an instruction to acquit. State v. Reeves, 97 Mo. 677; Rutnam v. State, 16 S. W. Rep. 97. (2)' The court erred in refusing to permit the defendant to ask of the prosecutrix if she had' ever authorized any person to accept money to settle the case.…
1Opinion of the CourtThomas, J.
Defendant was found guilty of seduction under promise of marriage in the circuit court of Montgomery county in October, 1889, and sentenced to two years’ imprisonment in the penitentiary.
I. The court committed no error in overruling defendant’s motion to quash the indictment. It charged that defendant seduced Ida Mitchell “ under promise of marriage.” This was sufficient without averring that Ida Mitchell promised also to marry him. State v. Primm, 98 Mo. 368.
II. At the close of the evidence the defendant asked the court to instruct the jury to return a verdict of acquittal, which the court…
2Cases cited6 opinions
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- State v. ReevesSupreme Court of Missouri · 1888
- State v. PrimmSupreme Court of Missouri · 1889
- State v. DownsSupreme Court of Missouri · 1886
- State v. McCaskeySupreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Knight v. StateCourt of Criminal Appeals of Texas · 1912
- State v. BlizeSupreme Court of Missouri · 1892
- State v. MeisterOregon Supreme Court · 1912
- State v. MitchellSupreme Court of Missouri · 1910
- State v. BrandenburgSupreme Court of Missouri · 1893
6 more not listed; retrieve them via the Exa API.