Hatton v. State
Mississippi Supreme Court
Hatton v. State, 95 Miss. 546 (Miss. 1909)
49 So. 514
Whiteield
Hatton v. State
Opinion of the Court
delivered the opinion of the court.
The evidence in this case falls far short of making out the crime of seduction as known to the law. The assistant attorney-general refers us to the cases of State v. Mulholland, 115 Iowa, 174, 88 N. W. 325, and State v. McClintic, 73 Iowa, 663, 35 N. W. 696. We have examined these eases carefully. They were both cases of seduction under promise of marriage, and the facts in. both those cases are very far stronger than the facts in this case. . No case, we apprehend, can be anywhere found which would sanction a conviction for seduction on the scant and utterly insufficient testimony disclosed by this, record.
Reversed and remmded.
Reference
- Full Case Name
- Murphy Hatton v. State of Mississippi
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Criminal Law and Procedure. Seduction. Female child under eighteen years of age. Code 1906, § 1081. Under Code 1906, § 1081, making it a felony to seduce and have illicit connection with, any female child under eighteen years of age, of previous chaste character, a conviction cannot he maintained in the absence of evidence showing that defendant seduced the child; proof of illicit connection alone is insufficient. 2. Same. Soliciting and accepting is not seducing. A woman was not seduced, where she yielded her person to and had sexual intercourse with a man merely on his request, accompanied hy assurances of love and that nohody hut them would ever know of it.