State v. Waterman

Citations

• 75 Kan. 253
• 88 P. 1074
• 1907 Kan. LEXIS 46

Syllabus

<p>SYLLABUS BY-THE COURT.</p> <p>1. Information — Averments to Avoid Statute of Limitations— Warrant Issued before Statute Had Run. A criminal information filed after the time'limited by statute for the commencement of the action need not allege the facts relied upon to take the case out of the statute, where the warrant was issued in good faith and was placed in the hands of an officer to be executed before, but the arrest was not made until after, the statutory period.</p> <p>2. Seduction — Promise of Marriage — Circumstantial Evidence in Corroboration. The corroborative testimony of the promise of marriage required by section 2021 of the General Statutes of 1901 in prosecutions under that section may consist of circumstantial as well as of direct evidence. The fact that the parties kept company for a considerable time, were frequently together, and conducted themselves as lovers usually do, may, with other circumstances, be sufficient to satisfy the jury of the truth of the testimony of the woman. When there is other testimony its sufficiency is for the jury to determine.</p> <p>3. -Circumstantial Evidence that the Prosecuting Witness Was Unmarried. In prosecutions under the section referred to the fact that the woman was unmarried at the time the 'offense was committed may be established by circumstances in evidence. That she lived with her parents under her maiden name and received the attentions of defendant as a suitor are circumstances tending to prove the fact. The evidence in this case examined and held sufficient to support the finding that the prosecuting witness was an unmarried woman.</p> <p>4. -Instructions — Promise of Marriage Made Subsequently to the Offense. An instruction which permitted the jury to consider a promise of marriage made subsequently to the alleged offense, at a time when the immoral relations between the parties continued, but which informed the jury that such evidence could only be considered as a circumstance in the case to prove