59 Kan. 237 | Kan. | 1898
Orin Ben j amin Attei’berry was charged with obtaining illicit connection, under promise of marriage, with Nancy Elizabeth Paramore, in violation of section 36 of the Crimes Act. The result of the trial was a conviction, and the punishment imposed was imprisonment m the penitentiary at hard labor for a term of four years.
The defendant admitted that he had had illicit intercourse with Nancy, but denied that it was obtained under the promise of marriage. It was sufficiently shown that she was under twenty-one years of age at the time of the alleged intercourse, and there was proof, too, that she was then a woman of good repute. In addition to her own testimony, there was evidence tending to show a subsisting promise of marriage when the alleged offense was committed, and on the whole we think the evidence was sufficient to sustain the verdict of the jury.
Other objections to the instructions are suggested, none of which are deemed to be material or to require special comment.
A new trial was asked for on the ground of newly discovered evidence, but an examination of the evidence relied upon convinces us that it is not of such a character as to warrant the granting of a new trial.
We think no material error was committed, and therefore the judgment of the District Court will be affirmed.