30 N.Y.S. 877 | N.Y. Sup. Ct. | 1894
The appellant was convicted atthecourt of sessions in Suffolk county of the crime of seduction under promise of marriage. The indictment charged that the crime was committed in February, 1890, upon one Addie Oakley. Upon the trial the complainant’s testimony as to the promise of marriage was as follows:
“He asked me to have connection with him. I told him, ‘No.’ I would not let him. I never let any man, and I would not let him. He said: ‘Addie, I promise you faithfully X will marry you.’ X never answered him. He asked me again. He said again: ‘Addie, I iiromise you faithfully I will marry you if 1 get you into trouble.’ After that I gave in.”
The testimony of the complainant, given before the committing magistrate, was read in evidence by the defendant, to the effect that the promise of the defendant was that, if she should become pregnant, he would marry her, and that she did not remember of his making any other promise. It appeared also that she told her father that defendant had promised to marry her “if he got her into trouble.”
The court refused the defendant’s request to charge the jury that, if they found that the promise to marry was conditional upon the complainant’s becoming pregnant, they must acquit; and the exception to this refusal presents the only question necessary to be considered upon this appeal. Under the charge of the court, we must assume that the jury may have found that the promise to marry was conditional upon the complainant’s becoming pregnant. It is very questionable, I think, whether the testimony permitted them to find any other promise; but assuming, as it is claimed by the prosecution, that it did, the question is presented whether such a conditional promise is sufficient to bring the case within the statute. The crime is defined as follows:
“A person who under promise of marriage seduces and has sexual intercourse with an unmarried female of previous chaste character is punishable,” etc. Pen. Code, § 284.
The case relied upon to support the conviction is that of People v. Hustis, 32 Hun, 58. So far as I am informed, this is the only