State v. Sharp
Supreme Court of Missouri
Appeal from Balias Circuit Court. — Hon. Argus Cox, Judge. (1) The court by the addition to instructions numbers 4 and 5, virtually instructed the jury that although the prosecuting witness had once fallen, but if she had returned to the paths of virtue that would warrant a conviction, which was erroneous because, if the law, there was no evidence to show that prosecutrix had reformed, and hence no evidence on which to predicate such instruction.
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Appeal from Balias Circuit Court. — Hon. Argus Cox, Judge. (1) The court by the addition to instructions numbers 4 and 5, virtually instructed the jury that although the prosecuting witness had once fallen, but if she had returned to the paths of virtue that would warrant a conviction, which was erroneous because, if the law, there was no evidence to show that prosecutrix had reformed, and hence no evidence on which to predicate such instruction. State v. Primm, 98 Mo. 368; State v. Chambers, 87 Mo. 406; State v. Herrell, 97 Mo. 109. (2) The state, over the objection of defendant, was…
1Opinion of the CourtBtjkgess, J.
At the April term, 1895, of the circuit court of Dallas county defendant was tried and convicted for having, under promise of marriage, seduced one Elizabeth Eldridge, an unmarried female of good repute under the age of eighteen years. His punishment was fixed at two years’ imprisonment in the state penitentiary. From the judgment and sentence he appealed.
*169The evidence showed that in the latter part of June or first of July, 1893, defendant began 'keeping company with the prosecuting witness, calling upon her at her home, and accompanying her to and from different places in the county of…
2Cases cited13 opinions
- People v. ClarkMichigan Supreme Court · 1876
- Wilson v. StateSupreme Court of Alabama · 1883
- Ande v. StateSupreme Court of Iowa · 1857
- Carpenter v. PeopleNew York Supreme Court · 1850
- State v. PattersonSupreme Court of Missouri · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Knight v. StateCourt of Criminal Appeals of Texas · 1912
- State v. . MaloneeSupreme Court of North Carolina · 1910
- State v. FoggSupreme Court of Missouri · 1907
- Greco v. AndersonMissouri Court of Appeals · 1980
- Clemons v. SebaMissouri Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.