Hatton v. State

Citations

• 92 Miss. 651
• 46 So. 708

Syllabus

<p>1. Cbiminai Law and Procedure. Seduction. Code 1892, § 1004. Code• 1906, § 1081.</p> <p>Under Code 1892, § 1004, Code 1906, § 1081, making, tbe seduction of a female child under the age of eighteen years, of previous, chaste character, a crime, sexual intercourse with a female child, who is already unchaste is not seduction, since the same man cannot seduce the same woman within the meaning of the statute-more than once.</p> <p>2. Same. Code 1892, § 1342; Code 1906, § 1414. Limitation of prosecution.</p> <p>Successive acts- of sexual intercourse between a .man and a woman-do not constitute separate seductions, and a prosecution for the.seduction of a female child under eighteen years of age, of pre- . vious chaste character, must be commenced within two years, from the time the woman first yielded her person to defendant, under Code 1892, § 1342, Code 1906, § 1414; providing that all criminal prosecutions, save certain excepted felonies, seduction-not being one of them, shall he commenced within two years, after the commission of the offense.</p> <p>3. Same. Not necessary to plead specially.</p> <p>It is unnecessary to plead specially the statute of limitation to an indictment for crime, since under a plea of not guilty the state must show an offense committed within the statutory period.</p>