Criminal Law. Seduction of Unmarried Female. Divorcee

1916 Virginia law review  
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more » ... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. RECENT DECISIONS RECENT DECISIONS there is a continuing acquiescence therein by the members thereof an act thereunder cannot be questioned by anyone. Moreover under the same presumption its dissolution cannot be sought -by anyone not a subscriber to the agreement. The majority of the stockholders have the night to vote according to their own dictates. Should a stockholder with shares deposited under the trust, desire to annul the relation-to revoke the agency as it were-then upon principle the trust would be revocable at the instance of such stockholder and at his instigation alone. The theory is that every stockholder owes a duty to every other stockholder, not to vote his stock a particular way, not even to vote it at all, but to be at all times the master of the voting power of that stock. CRIMINAL LAW-SEDUCTION OF UNMARRIED FEMALE-DIVORCEE.-A statute provided that if any person under promise of marriage shall seduce any unmarried female, such person, upon conviction, shall be ,punished. The defendant seduced a divorced woman under promise of marriage. Held, a divorced woman is an unmarried female within the meaning of the statute. State v. WIallace (Ore.), 154 Pac. 430. It is a fundamental rule that every statute must be construed with reference to the object to be accomplished and the evils to be remedied, giving full effect to the intention of the legislature. Honduras v. Soto, 112 N. Y. 310, 19 N. E. 845, 8 Am. St. Rep. 744, 2 L. R. A. 642; In re Kilby Bank, 23 Pick. (Mass.) 93; Ezekiel v. Dixon, 3 Ga. 146. And though a penal statute should ~be construed strictly, the construction should not defeat the obvious intention of the legislature. United States v. Wiltberger, 5 Wheat. 76; United States v. lWilliams, 159 Fed. 310. A court should not extend a criminal statute to cases out of the letter of the statute, yet it should be applied to every case clearly within the mischief or cause making it, where the words are broad enough to embrace such cases. United States v. Wiltbergcr, supra; United States v. Guiteau, 1 Mackey 498, 47 Am. Rep. 247; Huffmani v. State, 29 Ala. 40. The word unmarried does not necessarily mean without having been married, and no fixed meaning can be assigned to it, but it must be determined according to the circumstances of each case. Pratt v. Mathew, 22 Beav. 328; Clarke v. Colls, 9 H. L. C. 601; Jenninigs v. Commonwealth, 109 Va. 821, 63 S. E. 1080, 132 Am. St. Rep. 946, 21 L. R. A. (N. S.) 265, 17 Ann. Cas. 64. A widow has been held to be an unmarried woman within the meaning of a statute providing that the will of an unmarried woman shall be deemed revoked by her subsequent marriage. Re Kaufman, 131 N. Y. 620, 30 N. E. 242, 15 L. R. A. 292. The same con-
doi:10.2307/1064145 fatcat:vjqyq5invff4viadjuoj5xbo6q