Kerr v. United States
Court Of Appeals Of Indian Territory
Error to the Unite.d States Court for the Southern District of the Indian Territory; before Justice J. T. Dickerson, June 17,-1905. S. E. Kerr was convicted of seduction, and he brings error. The defendant was charged in an indictment in the court below with the seduction of one Nora Hiser, who, at the time the offense is alleged to have been committed, was about 19 years of age.
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Error to the Unite.d States Court for the Southern District of the Indian Territory; before Justice J. T. Dickerson, June 17,-1905. S. E. Kerr was convicted of seduction, and he brings error. The defendant was charged in an indictment in the court below with the seduction of one Nora Hiser, who, at the time the offense is alleged to have been committed, was about 19 years of age. Her testimony was that under promise of marriage the defendant had seduced her and begot her with child, which was afterwards born to them. In corroboration of her testimony the government introduced at the trial…
1Opinion of the CourtClayton, J.
(after stating the facts as above). There are 17 specifications of error assigned. They are long and argumentative, and it would require too much space in this opinion to set them out in full. They occupy 12 pages of the printed brief. A demurrer was filed to the sufficiency of the indictment, on' the ground that it did not allege that the prosecuting witness was chaste previous to the alleged act of intercourse. The demurrer was overruled, and exception saved. This alleged error constitutes the first assignment. The court, in its charge, in defining chastity, said: “By chaste character in a…
2Cases cited7 opinions
- Ande v. StateSupreme Court of Iowa · 1857
- State v. HigdonSupreme Court of Iowa · 1871
- Caldwell v. StateSupreme Court of Arkansas · 1904
- Cheaney v. StateSupreme Court of Arkansas · 1880
- People v. SquiresMichigan Supreme Court · 1882
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3Cited by9 opinions
- Knight v. StateCourt of Criminal Appeals of Texas · 1912
- Norman v. StateCourt of Criminal Appeals of Texas · 1921
- State v. ArnoldMontana Supreme Court · 1929
- State v. TurnerSupreme Court of South Carolina · 1909
- New v. StateCourt of Criminal Appeals of Texas · 1941
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