Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 30

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 30

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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. 1913 edition. Excerpt: ...substantially embodied in those given. 9. Criminal Lav--lnstructions--Applit-ability to Evidence. _ A charge that no conviction of seduction could he had, though prosecutrix and defendant had intercourse, if it was by mutual consent in gratification of passion, and not in truth under promise of marriage, was as favorable as defendant was entitled to, he having denied any intercourse, and she having testified to intercourse with him and that she would have had none but for his promise of marriage. (Opinion filed Dec. 3, 1912. Rehearing granted Feb. 19, 1913.) Appeal from Circuit Court, Charles Mix County. Hon. R. B. TRIPP, Judge. Defendant, Carl Holter, was convicted of seduction; and from such judgment and from an order denying a new trial, he appeals. Afiirmed.. Charles P. Bates, Charles H. Bartlett, and Perrctt F. Gamlt, for Appellant. Evidence tending to prove acts of _sexual intercourse, under promise of marriage, between defendant and the prosecuting witness, subsequent to the act charged in the information and testified to by the prosecuting witness, is inadmissible and should have been excluded. As the state had introduced evidence definitely fixing the date of the alleged seduction, the prosecuting witness should not have been permitted to testify to subsequent acts of sexual intercourse, each under a separate promise of marriage, as corroborative testimony. as the proof of such acts could have no such tendency. People v. Clark, 33 Mich. 112; People v. Payne, 9t N. W. 729 (Mich.): Pope v. State, 34 So. 840 (.-la.); People v. Brown. 106 N. W. 149 (Mich.); People v. Williams, 65 Pac. 323 (Cal.); Cecil v. Territory, 82 Pac. 654 (Okla.); State v. Hilberg, 61 Pac. 215 (Utah); State v. Palmberg, 97 S. W. 566 (Mo.); Smith v. State, 73 more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • United States
  • English
  • black & white illustrations
  • 1236840224
  • 9781236840226