State v. Davis
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — Hon. Paris C. Stepp, Judge. (1) The testimony of the prosecuting witness, as to the promise of marriage, was not corroborated in any manner, or by any person, or by any circumstances, as would satisfy the provisions of section 4212, Revised Statutes of 1889, which requires the promise of marriage to be corroborated to the same extent required of the principal witness in perjury.
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Appeal from Mercer Circuit Court. — Hon. Paris C. Stepp, Judge. (1) The testimony of the prosecuting witness, as to the promise of marriage, was not corroborated in any manner, or by any person, or by any circumstances, as would satisfy the provisions of section 4212, Revised Statutes of 1889, which requires the promise of marriage to be corroborated to the same extent required of the principal witness in perjury. (2) The court erred in giving instruction 1 on the part of the State. This instruction was clearly erroneous in'this kind of a case, and ought not to have been given. State v. Heed,…
1Opinion of the CourtBurgess, J.
— Defendant was indicted and convicted in the circuit court of Mercer county for the seduction under promise of marriage of Menecie Scoles, an unmarried female of good repute, under eighteen years of age, and his punishment fixed at two years’ imprisonment in the penitentiary. After unsuccessful motions for new trial and in arrest he appeals.
Defendant and Menecie Scoles lived in the same neighborhood. About the second week in March, 1895, she went to the house of defendant’s father where defendant then resided, to work, but did not remain quite a week until she returned to her father’s house.…
2Cases cited3 opinions
- State v. HillSupreme Court of Missouri · 1886
- State v. HeedSupreme Court of Missouri · 1874
- State v. WheelerSupreme Court of Missouri · 1891
3Cited by9 opinions
- State v. ConwaySupreme Court of Missouri · 1912
- State v. HendricksSupreme Court of Missouri · 1903
- State v. FoxSupreme Court of Missouri · 1899
- State v. WilsonSupreme Court of Missouri · 1910
- State v. AdlerSupreme Court of Missouri · 1898
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