State v. McCaskey
Supreme Court of Missouri
Appeal from Polk Circuit Court. — Hon. W. I. Wallace, Judge. (1) There is no evidence that prosecutrix was of previous chaste character or good repute. This being a material element of the crime, it was necessary for plaintiff to have so proven affirmatively. State ®. Hill, 91 Mo. 423; People v. Iioderigas, 49 Cal. 9; West v. State, 1 Wis. 186; 3 Crim.
Read the full summary
Appeal from Polk Circuit Court. — Hon. W. I. Wallace, Judge. (1) There is no evidence that prosecutrix was of previous chaste character or good repute. This being a material element of the crime, it was necessary for plaintiff to have so proven affirmatively. State ®. Hill, 91 Mo. 423; People v. Iioderigas, 49 Cal. 9; West v. State, 1 Wis. 186; 3 Crim. Law Magazine, 338, et seq.; R. S., sec. 1254; State ». Patterson, 88 Mo. 88. (2) The indictment cannot be sustained upon the uncorroborated evidence of the prosecutrix. The promise must be proved by other testimony than her own. This is…
1Opinion of the CourtThomas, J.
— The defendant was indicted in the Polk county circuit court for seduction under promise of marriage, was tried therefor, and sentenced to imprisonment in the penitentiary for a term of two years.
I. The state stood on the uncorroborated evidence of the prosecuting witness in this case. She testified defendant promised to marry her, and under and by virtue of that promise seduced her. Section 1912, Revised Statutes, 1879, provides that “in trials for seduction under promise of marriage, the evidence of the woman, as to such promise, must be corroborated to *647the same extent required of the…
2Cases cited3 opinions
- State v. ReevesSupreme Court of Missouri · 1888
- State v. HillSupreme Court of Missouri · 1886
- State v. PrimmSupreme Court of Missouri · 1889
3Cited by16 opinions
- Knight v. StateCourt of Criminal Appeals of Texas · 1912
- Harvey v. Territory of OklahomaSupreme Court of Oklahoma · 1901
- State v. HigginsMissouri Court of Appeals · 1952
- State v. FordhamNorth Dakota Supreme Court · 1904
- State v. FischerSupreme Court of Missouri · 1894
11 more not listed; retrieve them via the Exa API.