Hollins v. State

Citations

• 128 Miss. 119
• 90 So. 630

Syllabus

<p>1. Statutes. Title of act fixing age of consent at eighteen years held sufficient.</p> <p>Chapter 171, Laws of 1914 (Hemingway’s Code, sections 1093 to 1095, inclusive), the title to which is “An Act to fix the ‘age of consent’ at eighteen years,” is not unconstitutional because violative of section 71 of the Constitution, which provides, among other things, that “Every bill introduced in the legislature shall have a title, and the title ought to indicate clearly the subject-matter or matters of the proposed legislation,” for such constitutional provision is merely directory, and not mandatory; and this is true whether the statute in question be a 'civil or criminal statute; it applies with equal force to each.</p> <p>2. Rape. Statute placing burden on defendant to show that the injured female was not of previous chaste character held not unconstitutional.</p> <p>Section 2 of said statute (Laws 1914, chapter 171; Hemingway’s Code, section 1094), which, among other things, provides that, on the trial of all cases under section 1 of the act, it shall be presumed that the female was previously of chaste character, and the burden shall be upon the defendant to show that she was not, is not unconstitutional, in that it declares that certain facts shall constitute a conclusive presumption of guilt, for the statute in question does not declare a conclusive presumption, but only a prima-facie presumption, which is overcome by evidence raising a reasonable doubt as to the previous chastity of the injured female.</p> <p>3. Rape. Injured female need be corroborated only as to act of intercourse.</p> <p>Under said section 2 of said act (Raws 1914, chapter 171; Hemingway’s Code, section 1094), which provides, among other things that the defendant shall not be convicted upon the uncorroborated testimony of the injured female, it is not required that the testimony of the injured female shall be corroborated as to each and all of the essential elements of the crime charged, but