Polk v. State
Supreme Court of Arkansas
APPEAL from Ouachita Circuit Court, Hon. C. E. Mitchell Circuit Judge. As the defendant was permitted to ask the witness, Lizzie Autrey, in regard to promises she had made, &c., he should have been allowed to show that her answers were false. 2 Greenl., Ev., p. 562, seo. 577. Proof of want of chastity was admissible. 1 Phillips Ev., 760-1; Hofler v. State, 16 Arh, 534. The testimony of the prosecutrix was not corroborated.
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APPEAL from Ouachita Circuit Court, Hon. C. E. Mitchell Circuit Judge. As the defendant was permitted to ask the witness, Lizzie Autrey, in regard to promises she had made, &c., he should have been allowed to show that her answers were false. 2 Greenl., Ev., p. 562, seo. 577. Proof of want of chastity was admissible. 1 Phillips Ev., 760-1; Hofler v. State, 16 Arh, 534. The testimony of the prosecutrix was not corroborated. There was no proof that the appellant and the prosecutrix were of sufficient age to contract marriage. Gantt’s Dig., see’s. 4172-4186.
1Opinion of the CourtSmith, J.
The defendant was indicted and convicted of the seduction of Lizzie Autrey, an unmarried woman, under a promise of marriage, and was sentenced to undergo imprisonment at hard labor in the penitentiary for the term of one year and to pay a fine of one dollar.
The indictment is based on Sec. 1319 of Gantt’s Digest: “Any person who shall be convicted of obtaining carnal knowledge of any female by virtue of any feigned or pretended marriage, or of any false or feigned promise of marriage, shall be imprisoned not exceeding two years in the penitentiary and fined in any sum not exceeding five…
2Cases cited7 opinions
- People v. ClarkMichigan Supreme Court · 1876
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- Ande v. StateSupreme Court of Iowa · 1857
- Carpenter v. PeopleNew York Supreme Court · 1850
- People v. BrewerMichigan Supreme Court · 1873
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3Cited by24 opinions
- Bethel v. StateSupreme Court of Arkansas · 1924
- Lasater v. StateSupreme Court of Arkansas · 1906
- State v. JonesWashington Supreme Court · 1914
- Hast v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
- People v. KehoeCalifornia Supreme Court · 1898
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