State v. Holter
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix County. Hon. R. B. Tripp, Judge. . Defendant, Carl Hol-ter, was convicted of seduction; and from such judgment and from an order denying a new trial, he appeals. Evidence tending to prove acts of sexual intercourse, under promise of marriage, between defendant and the prosecuting witness, subsequent to the act charged in the. information -and testified to by the prosecuting witness, is inadmissible and should have been excluded.
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Appeal from Circuit Court, Charles Mix County. Hon. R. B. Tripp, Judge. . Defendant, Carl Hol-ter, was convicted of seduction; and from such judgment and from an order denying a new trial, he appeals. Evidence tending to prove acts of sexual intercourse, under promise of marriage, between defendant and the prosecuting witness, subsequent to the act charged in the. information -and testified to by the prosecuting witness, is inadmissible and should have been excluded. As the state had introduced evidence definitely fixing the date ■of the alleged seduction, the prosecuting witness should not…
1Opinion of the CourtCorson, J.
Upon an information duly filed by the state’s attorney of Charles Mix county the defendant was tried and convicted of the crime of seduction under a promise of marriage, and from the judgment of conviction and order denying a new trial the defendant has appealed to this court.
It is disclosed by the evidence that the prosecutrix was a young lady of 22 years of age, and that the defendant was a *366young man- residing in the vicinity of the family of the prosecu-trix. It is claimed by the porsecutrix that' on the evening of June 18, 1911, she was seduced by the defendant under a promise of…
2Cases cited28 opinions
- People v. ClarkMichigan Supreme Court · 1876
- Armstrong v. . PeopleNew York Court of Appeals · 1877
- State v. WatsonSupreme Court of Iowa · 1897
- People v. Mar Gin SuieCalifornia Court of Appeal · 1909
- People v. PayneMichigan Supreme Court · 1902
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3Cited by5 opinions
- State v. MyersSouth Dakota Supreme Court · 1974
- State v. HolterSouth Dakota Supreme Court · 1913
- State v. SchneiderNorth Dakota Supreme Court · 1926
- Commonwealth v. JenkinsPhiladelphia County Court of Oyer and Terminer · 1942
- State v. MyersSouth Dakota Supreme Court · 1974