State v. Tucker

Citations

• 72 Kan. 481
• 84 P. 126
• 1905 Kan. LEXIS 380

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Abduction — Female under Eighteen — Principal Element of the Crime. The principal element in the crime of taking away any female under the age of eighteen years, without the consent of her parent or guardian, as defined in section 2020' of the General Statutes of 1901, is the purpose for which such female is taken; and subsequent cohabitation and sexual intercourse are not essential to the commission of such crime, but are merely evidence thereof.</p> <p>2. - Concubinage — Duration Immaterial. Concubinage, as used in the section of the statute above mentioned, means to live together and have sexual relations as husband and wife. The time during which such relations are intended to, or actually do, continue is immaterial.</p> <p>3. Practice, District Court — Continuance — Statutory Requirements. It is not error to deny an application for a continuance, where the application therefor does not contain all the statutory requirements.</p> <p>4. -Instructions. It is not error for a trial court to refuse to give an instruction requested by the defendant, when it gives one containing substantially the same idea contained in the one refused.</p>