Legal Opinion

Smith v. State

Court of Appeals of Georgia

Decided February 22, 1961No. 38703Published

1Opinion of the Court

Carlisle, Judge.

1. Where the defendant was indicted for the offense of seduction in that he did “by persuasion and promises of marriage seduce” a named female “who was then and there a virtuous unmarried female, and did then and there induce her to yield to his lustful embraces and allow him to have carnal knowledge of her,” in order to authorize a conviction the State must prove persuasion und promises of marriage. Eichwurtzle v. State, 54 Ga. App. 205 (4) (187 S.E. 606).

2. A consent to the act of sexual intercourse based solely upon a promise of marriage as a consideration moving to the…

2Cases cited8 opinions

  1. O'Neill v. StateSupreme Court of Georgia · 1890
  2. Disharoon v. StateSupreme Court of Georgia · 1895
  3. Wilson v. StateSupreme Court of Georgia · 1877
  4. Boyett v. StateCourt of Appeals of Georgia · 1915
  5. Conley v. StateCourt of Appeals of Georgia · 1945

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