187 Ind. 721 | Ind. | 1918
— Appellant was convicted of the crime of seduction as defined by §2354 Burns 1914, Acts 1905 p. 690. By that section of the statute the crime of seduction is defined as follows: “Any male person who, under promise of marriage, shall have illicit carnal intercourse with any female of good.repute for chastity, under the age of twenty-one years, shall be deemed guilty of seduction.”
In many of the states the statutes provide that the female shall be “of previous chaste character.” Under such a statute specific acts of unchastity may be shown. Kenyon v. People (1863), 26 N. Y. 203, 84 Am. Dec. 177; Polk v. State (1883), 40 Ark. 482, 48 Am. Rep. 17; People v. Brewer (1873), 27 Mich. 134.
In view of the construction placed on the statute the instructions given by the court stated the law correctly, and the instructions tendered by appellant were properly refused.
Finding no error, the judgment of the trial court is affirmed.
Note. — Reported in 121 N. E. 465. See under (2) 35 Cyc 1314.