State v. . Johnson
Supreme Court of North Carolina
A pun at. by defendant from Ferguson, J., at August Term, 1921, of Wilkes. This was an indictment for seduction under promise of marriage. There was evidence tending to show that the prosecutrix, Darrie Ball, before the seduction, charged in this case, had been seduced under promise of marriage by Thomas Ball. This she admitted.
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A pun at. by defendant from Ferguson, J., at August Term, 1921, of Wilkes. This was an indictment for seduction under promise of marriage. There was evidence tending to show that the prosecutrix, Darrie Ball, before the seduction, charged in this case, had been seduced under promise of marriage by Thomas Ball. This she admitted. Ball afterwards married her, and they lived together as man and wife, but he did not marry her until she gave birth to a child, of which he was the father, she being at that time about sixteen years of age. She had been married to Ball about fourteen years, when he…
1Opinion of the Court
WalKER, J.,
after stating tbe case: The evidence in this case is not only repulsive, but filthy, in some of its parts, but we are to determine upon the legal guilt of the defendant or, in other words and speaking more accurately, whether he has been legally tried below. "We do not think that he has been, and will proceed now to state our reasons for so thinking. The instruction above set forth contains a proposition of law which cannot be sustained and it no doubt caused the defendant’s conviction. ¥e know of no case in this State which decides that a woman would be innocent and virtuous under…
2Cases cited16 opinions
- People v. ClarkMichigan Supreme Court · 1876
- State v. . HortonSupreme Court of North Carolina · 1888
- State v. . MaloneeSupreme Court of North Carolina · 1910
- State v. . PaceSupreme Court of North Carolina · 1912
- State v. . FergusonSupreme Court of North Carolina · 1890
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3Cited by4 opinions
- Hardin v. . DavisSupreme Court of North Carolina · 1922
- State v. HopperSupreme Court of North Carolina · 1923
- State v. . PorterSupreme Court of North Carolina · 1924
- State v. . HopperSupreme Court of North Carolina · 1923