State v. King
South Dakota Supreme Court
Appeal from circuit court, Campbell county. Hon. L. E. Gaffy, Judge. George F. King was convicted of seduction under promise of marriage, and brings error. The facts are stated in the opinion. There must be some evidence outside of the testimony of the prosecutrix tending to connect the defendant with the commission of the offense, and mere opportunity will not be sufficient corroboration.
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Appeal from circuit court, Campbell county. Hon. L. E. Gaffy, Judge. George F. King was convicted of seduction under promise of marriage, and brings error. The facts are stated in the opinion. There must be some evidence outside of the testimony of the prosecutrix tending to connect the defendant with the commission of the offense, and mere opportunity will not be sufficient corroboration. State v. Araah, 7 N. W. 601; State v. Smith, Id. 402; Baird v. Boehner, 83 Id. 694; State v. Enke, 51 Id. 1146; State v. Bollerman, 61 Id. 183. The fact that pregnancy followed soon after the connection…
1Opinion of the CourtHaney, J.
This is a prosecution upon information for seduction under promise of marriage. The words ‘ ‘illicit connection” as employed in the statute defining the crime, are equivalent to “sexual intercourse.” Therefore the facts stated in the information constitute a public offense, and defendant’s demurrer was properly overruled.
The trial court made an order excluding witnesses. Defendant objected to one on the part of the state, for the reason that he was present during the taking of testimony, In the absence of any showing to the contrary,' it will be presumed the witness had not violated the order…
2Cases cited5 opinions
- People v. HallMichigan Supreme Court · 1882
- State v. TimmensSupreme Court of Minnesota · 1860
- Hill v. PeopleMichigan Supreme Court · 1873
- People v. MoranMichigan Supreme Court · 1882
- State v. BollermanSupreme Court of Iowa · 1894
3Cited by15 opinions
- State v. AlbertsonNorth Dakota Supreme Court · 1910
- People v. HuffMichigan Supreme Court · 1913
- State v. CherringtonSouth Dakota Supreme Court · 1914
- State v. MartyNorth Dakota Supreme Court · 1925
- State v. MatejouskySouth Dakota Supreme Court · 1908
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