Court of Appeals 1886

Court of Appeals 1886

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...him to niarr_y you? Cbjected to as incompetent and immaterial. Over ruled. Exception by defendant. ' A. Yes sir, he said if I would swear the child on Barker, George Barker's father, and get four or five thousand dollars out of him, then he would marry me. Defendant moves to strike out as iiicempeteiit and iniinaterial.. The Coiirt---I think it is competent. Exception by defendant. (Folios 126 to 130.) In reference to the same class of testimony of arefusal to marry the prosecuti-ix subsequent to the seduction. (See folios 84, 85, 86, 92, 93, I00, 1-04.) "The willingness or unwillingness of the party charg ed with the offense to perform his promise is wholly immaterial. The statute provides that an actual marriage between the parties should constitute a bar to a conviction. No proof short of actual marriage would have availed the prisoner and the proof offered against him was wholly innnaterial to the ofiense and must therefore be inadmissible. The testimony was calculated to prejudice the position of the prisoner, excite sympathy for the prosecutrix, and could have been designed for no other purpose. We think the admission of it was clearly erroneous." Cook vs. People, T. & (J., 404, 406, 407. The Court erred in allowing the prosecutrix to testify that the defendant would abuse her if he married her all her life time, if she used the law on him and made him marry her, (folios 103, 104.) _ Also in allowing her to testify that the medicine he gave her to get rid of the child made her sick, and every thing in reference to the same, (folios 119 to 126.) The Court erred in allowing the prosecutrix to testify that if she was sick and died at ()gdensburg that he would not tell her folks, and that he would take the child...
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Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236880188
  • 9781236880185