State v. Tingle

Citations

• 103 Miss. 672
• 60 So. 728

Syllabus

<p>1. Criminal Law. Seduction. Indictment. Promise of marriage. Single woman. Demurrer. Time of offense. Statement of different offenses. Courts. Rules of decision. Obiter dicta. Code 1906, section 1426.</p> <p>An. indictment for seduction which, charges a feigned promise of marriage, and that by virtue of the feigned promise, defendant did “unlawfully and feloniously carnally know her,” clearly alleges the artifice employed to accomplish the seduction and further the felonious character of the carnal knowledge.</p> <p>2. Same.</p> <p>An indictment for seduction which charges that defendant unlawfully, and by virtue of a feigned promise of marriage, had carnal knowledge of “Miss C,” a female over the age of eighteen years of previous chaste character, sufficiently charges that the promise was made to a single woman.</p> <p>3. Same.</p> <p>The failure of an indictment for seduction- to allege that the crime was committed within two years prior to the filing of the indictment is not ground for demurrer.</p> <p>4. Same.</p> <p>An indictment properly filed is in no way changed or affected by a writing on the back of the paper which was a mere memorandum and forms no part of the indictment.</p> <p>5. Courts. Rules of decision. “Dicta.” Obiter dicta.</p> <p>Dicta are opinions of a judge which do not embody the resolution or determination of the court and made without argument or full consideration of the point and are not of binding force as the decision of a court. Obiter dicta are opinions uttered by the way, not upon the point or question pending, as if turning aside for the time from the main topics of the case to collateral subjects.</p> <p>6. Seduction. Indictment. Person to whom promise of marriage is made.</p> <p>An indictment charging that defendant unlawfully and by virtue of a feigned promise of marriage, had carnal knowledge of Miss “C,” a female over the age of eighteen years, of previous chaste character, contrary to the statute, was not demurrable on the gr