Haygood v. State

Decision Date06 June 1893
Citation13 So. 325,98 Ala. 61
PartiesHAYGOOD v. STATE.
CourtAlabama Supreme Court

Appeal from city court of Montgomery; Thomas M. Arrington, Judge.

Mary Haygood was convicted of taking away a girl for the purpose of prostitution, and appeals. Reversed.

Gordon McDonald and J. W. Thorington, for appellant.

Wm. L Martin, Atty. Gen. for the State.

STONE C.J.

The defendant was indicted and convicted under section 3744 of the Code of 1886, which declares that "any person who takes any girl under fourteen years of age from her father mother, guardian, or other person having the legal charge of her, for the purpose of prostitution, concubinage, or marriage, must, on conviction, be imprisoned in the penitentiary for not less than two years." The charge in the indictment is "that Mary Haygood did unlawfully take one Minna Jones, a girl under the age of fourteen years, from her mother, for the purpose of prostitution." The testimony, if believed, proves that defendant did induce Minna Jones to leave the home of her mother, and go with her the said Mary Haygood, to an unoccupied house, some distance away, for the purpose of there meeting one S., and having sexual intercourse with him; and that this purpose was carried into execution. There is no testimony which proves or tends to prove, that defendant in all or anything she is proven to have done had any purpose other than to bring the said S. and the said Minna Jones together on the one occasion, and in the unoccupied house, that they might have sexual intercourse. Exceptions were severally reserved by defendant to charges given by the court, and to the refusal of charge asked by and for the defendant. They all raised the single inquiry whether the testimony, if entirely believed justified a conviction of the offense charged. The following charge, given by the court of its own motion, and excepted to by defendant, presents the question: "If the defendant took the child from her mother to Riverside park for the purpose of having sexual intercourse with one S., and did in fact shut her up in a house for some hours with said S. (who then and there did have sexual intercourse with her) for such purpose, this was prostitution, within the statute." The defendant asked the following charges, which were refused: (1) "The court charges the jury that if they believe from the evidence that all the defendant did was to procure the girl, Minna Jones, to go to Riverside park for the purpose of having sexual intercourse with one S., and that she in fact had sexual intercourse with him but one time, they must acquit the defendant." (3) "That if the defendant only intended to obtain the body of said Minna Jones for one S., for his own personal enjoyment, and no more, then this did not amount...

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11 cases
  • Trans-Lux Corp. v. State ex rel. Sweeton, TRANS-LUX
    • United States
    • Alabama Supreme Court
    • January 19, 1979
    ...which this statute was enacted only appeared in this Court's opinions in a prostitution context. For example the case of Haygood v. State, 98 Ala. 61, 13 So. 325 (1892) defined "prostitution" in this A prostitute is a female given to indiscriminate Lewdness for gain. In its most general sen......
  • State v. Gardner
    • United States
    • Iowa Supreme Court
    • March 14, 1916
    ...of a female offering her body to an indiscriminate intercourse with men. State v. Stoyell, 54 Me. 24, 89 Am. Dec. 716;Haygood v. State, 98 Ala. 61, 13 So. 325;State v. Goodwin, 33 Kan. 538, 6 Pac. 899, 901;Fahnestock v. State, 102 Ind. 156, 1 N. E. 372;Osborn v. State, 52 Ind. 526, 528;Mill......
  • State v. Gardner
    • United States
    • Iowa Supreme Court
    • March 14, 1916
    ... ... Dec. 716; Davis v ... Sladden , [Ore.] 17 Ore. 259, 21 P. 140, 142) ... Prostitution, in its more restricted sense, is the practice ... [156 N.W. 749] ... a female offering her body to an indiscriminate intercourse ... with men. State v. Stoyell , 54 Me. 24; Haygood ... v. State , (Ala.) 98 Ala. 61, 13 So. 325; State v ... Goodwin , (Kans.) 33 Kan. 538, 6 P. 899, 901; ... Fahnestock v. State , (Ind.) 102 Ind. 156, 1 N.E ... 372; Osborn v. State , 52 Ind. 526, 528; Miller ... v. State , (Ind.) 121 Ind. 294, 23 N.E. 94, 95; State ... v. Brow , (N ... ...
  • Sisemore v. State
    • United States
    • Arkansas Supreme Court
    • June 24, 1918
    ... ... L. Rep. 238, 89 S.W. 255, said ... that a woman was not a prostitute merely because she lived ... with a man without being married to him. Other cases on the ... subject, giving the same definition are: State v ... Porter, 130 Iowa 690, 107 N.W. 923; State ... v. Stoyell, 54 Me. 24; Haygood v ... State, 98 Ala. 61, 13 So. 325; State v ... Thuna, 59 Wash. 689, 109 P. 331; ... Commonwealth v. Cook, 12 Metc. (Mass.), 93; ... State v. Gibson, 111 Mo. 92, 19 S.W. 980; ... People v. Rice, 277 Ill. 521, 115 N.E. 631 ...          There ... seems to be no contrariety of ... ...
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