Ferguson v. State

Citations

• 71 Miss. 805

Syllabus

<p>1. Seduction. Code 1892, ’fr 1298. Indictment. Evidence. Ghastity.</p> <p>Section 1298, code 1892, under the title “seduction,” is as follows: “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 five years; but the testimony of the female seduced, alone, shall not be sufficient to warrant a conviction.” Under this statute it is not necessary to aver in the indictment, or prove, the previous chastity of the female.</p> <p>2. Same. Indictment. Evidence. Certainty.</p> <p>If it reasonably appears trom the indictment and the evidence that the woman seduced was unmarried, a conviction otherwise proper will not be set aside merely because of the absence of definite or positive averment and evidence as to this.</p> <p>3. Same. Promise of marriage. Testimony of female.</p> <p>It is admissible to show by the testimony of the female alleged to have been seduced, that she yielded because of a promise of marriage, and her reliance thereon.</p> <p>4. Same. Evidence of subsequent intercourse. Immaterial error.</p> <p>The admission of testimony of the woman as to intercourse with the accused and the birth of a child, after the alleged seduction, the former being admitted by accused and the latter not controverted, although erroneous, will not cause a conviction otherwise proper to be set aside, it. not appearing that accused was prejudiced.</p> <p>5. Same. Accused; whether married or not. Evidence.</p> <p>While it is immaterial to the crime of seduction whether the accused be married or unmarried, the fact that he was single may properly be shown, as this may have been potential in influencing the female.</p> <p>6. Same. Code 1892, % 1298. Extent of corroborating evidence.</p> <p>Although, under 'i 1298, code 1S92, the uncorroborated testimony of the woman sedu