Norton v. State

Citations

• 72 Miss. 128

Syllabus

<p>1. Seduction. Code 1892, §§ 1298,1341. Indictment. Defect curedhy verdict.</p> <p>An indictment under $ 1398, code 1892, which alleg’es that defendant obtained carnal knowledge of a woman or female child over the age of sixteen years “by virtue of a false or feigned promise of marriage, ” but fails to allege that the promise was made to her-, if not demurred to, is sufficient after verdict. Code 1893, \\ 1341.</p> <p>3. Indictment. Demurrer. Motion to quash. Code 1893. 1354, 1355.</p> <p>Such defect, being apparent on the face of the indictment, can be reached by demurrer, but not by motion to quash. Code 1S92. l‘i 1354, 1355.</p> <p>3. Seduction. Previous chastity of female. Code 1893, jj 1398.</p> <p>Thoug'h not in terms so provided, it is essential to the offense created by $ 1398, code 1893. that the woman seduced be unmarried and of chaste character at the time of the intercourse. Ferguson v. ¿state, 71 Miss., 805, qualified.</p> <p>4. Same. Indictment. Accused unmarried. Averment.</p> <p>It is not necessary to allege that the man was unmarried, though, if married, and the woman knew it, no conviction can be had.</p>