14 Ga. App. 395 | Ga. Ct. App. | 1914
While the question was one wholly of law, the facts which later developed upon the trial in the present case show that it would not be a safe rule in any ease to hold that, merely because the female who has been seduced has subsequently thereto contracted marriage, the prosecution should be barred and the offender obtain remission for his sin. Th« testimony of the sheriff, which is undisputed, is that he had a warrant for the defendant’s arrest placed in his hands shortly after the September term, 1911, and that, though he endeavored to execute the warrant, the accused was not to be found in Jeff Davis county, and his whereabouts could not be ascertained. The accused voluntarily surrendered himself more than two years after the commission of the offense; and (according to his own statement) he did not surrender himself until after he had been told by bis father that the female alleged to have been seduced had married, and therefore, he knew that his tender of marriage was a mere mockery. The bona fide and continuing offer to marry which by law stops a prosecution for seduction must be an offer which is capable of being legally performed; otherwise it affords no defense
Judgment affirmed.