Stevens v. State
Supreme Court of Arkansas
Appeal from1 Sebastian Circuit Court, Greenwood District; John Brizzolara, Judge; 1. To constitute seduction two things must occur. (1) There must be a promise of marriage previously made or the existence of a feigned or pretended marriage between the female and the defendant; (2) there must be carnal knowledge obtained solely by reason of the promise of marriage or the feigned marriage. Kirby’s Digest, § 2043. The evidence is not sufficient to show this.
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Appeal from1 Sebastian Circuit Court, Greenwood District; John Brizzolara, Judge; 1. To constitute seduction two things must occur. (1) There must be a promise of marriage previously made or the existence of a feigned or pretended marriage between the female and the defendant; (2) there must be carnal knowledge obtained solely by reason of the promise of marriage or the feigned marriage. Kirby’s Digest, § 2043. The evidence is not sufficient to show this. If the evidence of the complaining witness is true, then appellant was guilty of some other crime for which a different penalty is…
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted, in the Sebastian Circuit Court, Greenwood District, for the crime of seduction, committed in said county and district, on or about July, 1919, by obtaining carnal knowledge of Agnes Allenbaugh, a female eighteen years of age, by reason of a promise of marriage, and his punishment therefor assessed at two years in the State penitentiary. From a judgment of conviction an appeal has been duly prosecuted to this court.
The State’s testimony, being the only evidence adduced on the trial, was as follows: Agnes Allenbaugh, the complaining female,…
2Cases cited2 opinions
- Polk v. StateSupreme Court of Arkansas · 1883
- Lasater v. StateSupreme Court of Arkansas · 1906
3Cited by12 opinions
- Cassell v. StateSupreme Court of Arkansas · 1981
- Eliott v. StateSupreme Court of Arkansas · 2000
- Mason v. StateSupreme Court of Arkansas · 1985
- Smith v. StateSupreme Court of Arkansas · 1951
- McCullough v. StateSupreme Court of Arkansas · 2009
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