Bibbs v. Commonwealth
Bibbs v. Commonwealth
Opinion of the Court
after making the foregoing statement, delivered the following opinion of the court.
•
This question must be answered in the negative.
The assignment of error under consideration is based upon the mistaken position that although the prosecutrix was a child of the immature age mentioned.in the statute, and the accused was of the age of discretion mentioned therein of over eighteen years (being, indeed, thirty years of age), and if she was so depraved as to make the first advance toward the commision of the misdemeanor, the child must be regarded as having caused or encouraged the commisson of the misdemeanor and not the accused. This position regards the parties as of equal years of discretion, and as fitted to deal with each other on equal terms, and ignores the purpose of the statute aforesaid.
It is not claimed for the accused that there is any authority directly in point sustaining the assignment of error aforesaid; but the cases of Brown v. Smith, 72 Md. 468, 20 Atl. 186, and State v. Gibson, 111 Mo. 92, 19 S. W. 980, are relied on as strongly analogous. We do not consider these cases in point. As appears from a reading of them, the statutes there involved were very different from the Virginia statute under consideration, and the offenses created by those statutes are different from that of which the accused in the case before us stands convicted. The Mary
The judgment under review will be affirmed.
Affirmed.
Reference
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- 1. Character in Evidence. — Bad Character of Accused for Chastity —Specific Acts — Prosecution for Causing or Encouraging an Infant to Commit a Misdemeanor. — By the great weight of authority, even if under Act 1914, chapter 228, accused was entitled to introduce in his defense the had character of the prosecutrix for chastity, accused would be restricted to proof of the general reputation of the prosecutrix in that regard; no evidence of specific acts of unchastity being admissible. 2. Character in Evidence. — General Reputation of Prosecutrix in a Prosecution Under Acts 1914, chapter 228. — In a prosecution under Acts 1914, chapter 228, providing that any person over eighteen years of age who shall cause or encourage any child under the age of eighteen years to commit any misdemeanor shall be deemed guilty of a misdemeanor, evidence to prove the bad general reputation of the prosecutrix for chastity is inadmissible. 8. Criminal Law. — Infants—Acts 1914, chapter 228, Against Caiising or Encouraging a Child to Commit a Misdemeanor. — Under Acts 1914, chapter 228, providing that any person over eighteen years of age who shall cause or encourage any child under the age of eighteen years to commit any misdemeanor shall be deemed guilty of a misdemeanor, it is not an essential element of the offense that the accused should have caused the prosecutrix to have committed a misdemeanor. If he encouraged the prosecutrix to commit the misdemeanor, he was guilty of the statutory offense. 4. Criminal Law. — Infants—acts 1914, chapter 228, Against Causing or Encouraging' a Child to Commit a Misdemeanor. — Where in a prosecution under Acts 1914, chapter 22'8, accused admitted that he had carnal intercourse with the prosecutrix and was, therefore, a willing participant with her in the commission of the misdemeanor, such participation, in itself alone, encouraged the prosecutrix to commit such misdemeanor and made the accused guilty under the statute. 5. Criminal Law. — Infants—Acts 1914, chapter 228 Against Causing or Encouraging a Child to Commit a Misdemeanor. — In prosecution under Acts 1914, chapter 228, for encouraging a child to commit a misdemeanor, namely, fornication, even if it were true that the prosecutrix made the first advance, that did not justify the accused in encouraging her to commit the misdemeanor by yielding to her solicitation.