Holton v. State

Citations

• 28 Fla. 303

Syllabus

<p>Intercourse with Females within Prohibited Age. — Indictment — Constitutionality of law — Evidence.</p> <p>1. Chapter 8760, Laws of 1887, entitled “ An act to protect females of immature age and judgment from licentiousness,” held not to he obnoxious to that provision of section 16 of Article III, Constitution of 1885, that provides: “Each law enacted in the Legislature shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed in the title.”</p> <p>2. A liberal rule of construction should be applied when the constitutionality of legislative enactments are questioned; and every reasonable doubt should be resolved in favor of the constitutionality of the act assailed.</p> <p>8. An indictment under the provisions of Chapter 8760, Laws of 1887, is sufficient if it charges the offense in the language of the statute, every necessary ingredient, of the crime being included in the words of the statute.</p> <p>4. It is unnecessary, in such an indictment, to allege that the act charged was with or without consent, or with or without force; ■ or that it was knowingly or wilfully committed.</p> <p>5. In such cases testimony as to the prior habits or character of the female is inadmissible, as it is immaterial.</p>