51 Ga. App. 178 | Ga. Ct. App. | 1935
The accused was charged in the indictment with seducing, “by persuasion and promises of marriage,” a certain named female. He was convicted, and in his motion for a new trial assigns error upon the following excerpts from the charge of the court: “I give you in charge section 378 of the Penal Code of this State '[section 26-6001 of the Code of 1933] : £If any person shall, by persuasion or promises of marriage or other false and fraudulent means, seduce a virtuous, unmarried female, and induce her to yield to his lustful embraces and allow him to have carnal knowledge of her, he shall be punished by imprisonment and labor in the penitentiary for not less than two nor longer than twenty years.5 As to whether or not the elements given you under code-section 378, which I read in your hearing, were present, and as to whether or. not this defendant is guilty, is a question for jrou to determine.” The court did not read the indictment to the jury, but merely charged them in that connection as follows: “This defendant is charged in this bill of indictment with the offense of seduction, it being charged that he seduced one Edna Hughes, who was then and there a virtuous, unmarried female, and did then and there induce her to yield to his lustful embraces, and allow him to have carnal knowledge of her, he being then and there
Judgment reversed.