Legal Opinion

Putman v. State

Court of Appeals of Texas

Decided April 29, 1891No. 7243PublishedCited by 15 opinions

Appeal from the District Court of Dallas. Tried below before Hon. B. B. Burk. This conviction is for the seduction of Amanda Bay, an unmarried female under the age of twenty-five years. The punishment was assessed at confinement in the penitentiary for three years.

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Appeal from the District Court of Dallas. Tried below before Hon. B. B. Burk. This conviction is for the seduction of Amanda Bay, an unmarried female under the age of twenty-five years. The punishment was assessed at confinement in the penitentiary for three years. That portion of the charge of the court to which the opinion relates is as follows: “If from the evidence before you in this case you are satisfied beyond a reasonable doubt that in Dallas County, Texas, at any time within three years next before September 14, 1889, the defendant, S. B. Putman, did seduce Amanda Bay, by a promise…

1Opinion of the Court

WHITE, Presiding Judge.

This prosecution and conviction in the court below was for the crime of seduction.

Our statutory provisions, in so far as they are involved in the questions submitted on the appeal here presented, are: “If any person by promise to marry shall seduce an unmarried female under the age of twenty-five years, and shall have carnal knowledge of such female, he shall be punished by imprisonment in the penitentiary not less than two nor more than five years, or by fine not exceeding $5000.” Penal Code, art. 814.

“The term 'seduction’ is used in the sense in which it is commonly…

2Cases cited5 opinions

  1. Boyce v. . People of the State of New YorkNew York Court of Appeals · 1873
  2. State v. FitzgeraldSupreme Court of Iowa · 1884
  3. Wilson v. StateSupreme Court of Georgia · 1877
  4. People v. MillspaughMichigan Supreme Court · 1863
  5. Cole v. StateTexas Supreme Court · 1874

3Cited by15 opinions

  1. Nash v. StateCourt of Criminal Appeals of Texas · 1910
  2. Cantu v. StateCourt of Appeals of Texas · 1948
  3. Russell v. StateNebraska Supreme Court · 1906
  4. Furr v. StateCourt of Criminal Appeals of Texas · 1917
  5. Ford v. StateCourt of Criminal Appeals of Texas · 1932

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