State v. Moody
Decision Date | 19 December 1916 |
Docket Number | 569. |
Citation | 90 S.E. 900,172 N.C. 967 |
Parties | STATE v. MOODY. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Jackson County; Ferguson, Judge.
Marion Moody was convicted of seduction, and appeals. Affirmed.
Where there is any testimony which is supporting within the meaning of Revisal 1905, § 3354, providing that the "unsupported testimony" of the woman shall not convict, its weight is for the jury.
The question whether accused promised to marry prosecutrix and induced the seduction held for the jury.
Moore & Moore, of Asheville, Alley & Leatherwood, of Waynesville, and C. C. Buchanan, of Sylva, for appellant.
The Attorney General and T. H. Calvert, Asst. Atty. Gen., for the State.
The defendant was indicted for the seduction of an innocent and virtuous woman under a promise of marriage. Revisal, § 3354.
The statute provides that the "unsupported testimony" of the woman shall not be sufficient to convict.
There are three essential elements of this crime: First, the seduction; second, the innocence and virtuousness of the woman; third, the promise of marriage inducing consent of the woman to the sexual act. State v. Pace, 159 N.C 462, 74 S.E. 1018; State v. Cline, 170 N.C. 751, 87 S.E. 106. The prosecutrix testified to the defendant's promise of marriage; that she was persuaded by it to have sexual intercourse with him; and that she was a virtuous and innocent woman, never having committed the act with any other man.
First. As to her virtue and innocence there was supporting testimony, as the state called witnesses who stated that the character of the prosecutrix had always been good prior to this occurrence. We have held this to be sufficient as supporting testimony within the meaning of the statute. State v. Mallonee, 154 N.C. 200, 69 S.E. 786; State v. Horton, 100 N.C. 443, 6 S.E. 238, 6 Am. St Rep. 613; State v. Cline, supra; State v. Sharp, 132 Mo. 171, 33 S.W. 795; State v. Deitrick, 51 Iowa 469, 1 N.W. 732; State v. Bryan, 34 Kan. 72, 8 P 260; Zabriskie v. State, 43 N. J. Law, 644, 39 Am. Rep. 610.
Second. The seduction was shown both by the testimony of the prosecutrix and the admission of the defendant and by the circumstances otherwise appearing in the case.
Third. This brings us to a consideration of the main contention of the defendant's counsel, that there is no supporting testimony as to the promise of marriage.
It must be borne in mind that we are not passing upon the weight or strength of the evidence in any of these instances, but only upon the question whether there is any testimony which is supporting in the sense of that word as used in the statute. We are of the opinion that there is, and, however unconvincing or inconclusive it may be, it was for the jury to determine its weight.
There was testimony in the case outside of the prosecutor's--that is, her father's and her mother's--that the defendant had been attentive to her for several years, coming to see her constantly for three years. The mother testified:
There was a dissenting opinion, as to the sufficiency of the evidence to show the seduction, but it did not extend to the proof as to the promise of marriage. To the same effect as Armstrong v. People are the following cases: People v. Gumaer, 80 Hun, 78, 30 N.Y.S. 17; State v. Mulholland, 115 Iowa, 170, 88 N.W. 325; State v. McCaskey, 104 Mo. 644, 16 S.W. 511, citing State v. Hill, 91 Mo. 423, 4 S.W. 121; State v. Wycoff, 113 Iowa, 670, 83 N.W. 713; People v. Hubbard, 92 Mich. 322, 52 N.W. 729; State v. Sharp, 132 Mo. 165, 33 S.W. 795. In Whatley v. State, 144 Ala. 68, 39 So. 1014, the court said:
It appeared in State v. Hill, supra, that the defendant had been waiting on the prosecutrix three or four years; that he and another had an oyster supper at her home; that she and defendant were in the kitchen together at night, after her parents had retired; and that defendant had been at the house several times previous to these occasions, and had paid her some attention on other occasions. The court held with reference to these facts:
And it was held in State v. Reinheimer, 109 Iowa, 624, 80 N.W. 669, that, in a prosecution for seduction, the fact that the parties kept company, and acted as lovers usually do, and other like circumstances, are sufficient confirmation and support of the evidence of the prosecutrix required by the statute. The general principle is thus well stated in State v. Timmens, 4 Minn. 325 (Gil. 241, 247):
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... ... Kincaid, 142 ... N.C. 657, 55 S.E. 647; State v. Raynor, 145 N.C ... 472, 59 S.E. 344; State v. Malonee, 154 N.C. 200, 69 ... S.E. 786; State v. Cooke, 176 N.C. 731, 97 S.E. 171; ... State v. Pace, 159 N.C. 462, 74 S.E. 1018; State ... v. Cline, 170 N.C. 751, 87 S.E. 106; State v ... Moody, 172 N.C. 967, 90 S.E. 900; State v ... Fulcher, 176 N.C. 724, 97 S.E. 2. If we are still to ... follow the opinion of Justice Davis, which has always guided ... us in cases such as this one, the charge of the court cannot ... be sustained. State v. Crowell, 116 N.C. 1052, 21 ... S.E. 502 ... ...
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