State v. McCaskey

Citation16 S.W. 511,104 Mo. 644
PartiesSTATE v. McCASKEY.
Decision Date02 June 1891
CourtUnited States State Supreme Court of Missouri

Appeal from circuit court, Polk county; W. I. WALLACE, Judge.

A. A. Underwood and B. J. Emerson, for appellant. The Attorney General, for the State.

THOMAS, J.

The defendant was indicted in the Polk county circuit court for seduction under promise of marriage, was tried therefor, and sentenced to imprisonment in the penitentiary for a term of two years.

1. The state stood on the uncorroborated evidence of the prosecuting witness in this case. She testified defendant promised to marry her, and under and by virtue of that promise seduced her. Section 1912, Rev. St. 1879, provides that, "in trials for seduction under promise of marriage, the evidence of the woman, as to such promise, must be corroborated to the same extent required of the principal witness in perjury." It has been held by this court that "evidence of circumstances which usually accompany the marriage engagement will satisfy the statute as to supporting evidence." State v. Hill, 91 Mo. 423, 4 S. W. Rep. 121. Here the prosecuting witness testifies to the promise, and also to "the circumstances attending the marriage engagement," and the state argues that that satisfies the statute. It is the evidence of the woman as to the promise of marriage that must be corroborated. There must be some evidence independent of the principal witness as to the promise of marriage. In this case there is an attempt to evade this plain statutory provision by the principal witness testifying, first, to the promise of marriage, and then to "the circumstances" that corroborate her. This is clearly not the law. She must be...

To continue reading

Request your trial
44 cases
  • State v. Warren
    • United States
    • Missouri Supreme Court
    • 25 Noviembre 1930
    ...the instructions characterizing the lesser degrees of felonious homicide authorized by the evidence. State v. Brown, 104 Mo. 365; State v. McCaskey, 104 Mo. 644; State v. Marion, 235 Mo. 359; State v. Constantino, 181 S.W. 1157; State v. Baker, 246 Mo. 357. (8) The court erred in giving to ......
  • Knight v. State
    • United States
    • Texas Court of Criminal Appeals
    • 17 Enero 1912
    ...Horton, 100 N. C. 443, 6 S. E. 238, 6 Am. St. Rep. 613; Harvey v. Territory, 11 Okl. 156, 65 Pac. 837; West v. State, 1 Wis. 209; State v. McCaskey, 104 Mo. 644;1 State v. 106 Mo. 585, 17 S. W. 814, 27 Am. St. Rep. 372; State v. Sharp, 132 Mo. 165, 33 S. W. 795; Zabriskie v. State, 43 N. J.......
  • State v. Nasello
    • United States
    • Missouri Supreme Court
    • 11 Junio 1930
    ...the defendant's defense of an alibi. Sec. 3230, R.S. 1919; State v. Robinett, 279 S.W. 700; State v. Hayes, 262 S.W. 1017; State v. McCaskey, 104 Mo. 644; State v. Constitino, 181 S.W. 1158; People v. Marwig, 227 N.Y. 382, 125 N.E. 535; Huggins v. State, 115 So. 214; 1 Bishop's New Criminal......
  • State v. Warren
    • United States
    • Missouri Supreme Court
    • 25 Noviembre 1930
    ... ... finding that defendant "committed the crime as ... charged," i. e., murder in the first degree, thereby ... ignoring the instructions characterizing the lesser degrees ... of felonious homicide authorized by the evidence. State ... v. Brown, 104 Mo. 365; State v. McCaskey, 104 ... Mo. 644; State v. Marion, 235 Mo. 359; State v ... Constantino, 181 S.W. 1157; State v. Baker, 246 ... Mo. 357. (8) The court erred in giving to the jury ... Instruction S-12. (a) It directs a verdict of murder in the ... first degree and does not include the necessary ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT