Norton v. State
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. Appeal from a conviction of seduction. The case is stated in the opinion.
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From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. Appeal from a conviction of seduction. The case is stated in the opinion. Section 1298, code 1892, upon which the prosecution is based, is as follows: “Seduction of females over age of sixteen, lyy frauds, etc. — If any person shall obtain carnal knowledge of any woman or female child over the age of sixteen years, by virtue of any feigned or pretended marriage, or any false or feigned promise of marriage, he shall, upon conviction, be imprisoned in the penitentiary not more than live years; but the testimony of the female…
1Opinion of the CourtWhitfield, J.
We cannot treat the motion to quash as a demurrer. The language of §§ 1354, 1355, code 1892, is plain, and binds us. If a demurrer had been interposed below, it should have been sustained, and the indictment quashed, unless amended; for the averment, which ought to be clearly set forth in every indictment under § 1298, code 1892 — that the defendant made the promise to the woman of whom he had the carnal knowledge— whilst set forth here in such wise as to prevent objection after verdict, is not set forth with such clearness as to sustain the indictment, against objection properly taken before…
2Cases cited8 opinions
- People v. ClarkMichigan Supreme Court · 1876
- Wilson v. StateSupreme Court of Alabama · 1883
- Ferguson v. StateMississippi Supreme Court · 1894
- Jesse v. StateMississippi Supreme Court · 1854
- State v. BryanSupreme Court of Kansas · 1885
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3Cited by15 opinions
- Gunder v. TibbitsIndiana Supreme Court · 1899
- Williams v. StateMississippi Supreme Court · 1922
- Simmons v. StateCourt of Criminal Appeals of Texas · 1908
- Hoff v. StateMississippi Supreme Court · 1903
- Wilkinson v. StateMississippi Supreme Court · 1900
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