People v. Samonset

Citations

• 97 Cal. 448
• 32 P. 520
• 1893 Cal. LEXIS 564

Syllabus

<p>Criminal Law — Seduction under Promise of Marriage — Evidence — Chaste Character of Proseoutrix — Qualification of Witness. — On the trial of a defendant charged with the seduction of an unmarried fe nale of previous chaste character, under promise of marriage, the testimony of a witness for the prosecution that he had known the prosecutrix for one or twoyears, and hadroomed in thehouse where shewas employed, and had never known of any improper conduct on her part, is not objectionable upon the ground that it did not appear that the witness had had opportunities for observation sufficient to qualify him to testify.</p> <p>Id. — Competency of Evidence. —Testimony of a witness for the prosecution that the prosecutrix had lived with her for two years, and during all that time was a woman of good character and good repute, is admissible as tending to prove that the prosecutrix was a woman of previous chaste character.</p> <p>Id. — Good Faith in Making Promise. — The offense of the seduction of an unmarried female of previous chaste character, under promise of marriage, as defined by section 268 of the Penal Code, is complete, if, under and by means of the promise of marriage, the female is induced to surrender her chastity to the promisor, and he then refuses to fulfill his promise; and it is no defense to a prosecution therefor that when he made the promise he intended in good faith to carry it out.</p> <p>Id. — Cross-examination — Impeachment of Defendant — Contradictory Affidavit — Reference to Inadmissible Affidavit. — The trial court properly permitted the prosecution to read in evidence, upon cross-examination of the defendant, an affidavit made and used by him upon a motion for a new trial in a civil action instituted against him by the prosecutrix, where it appeared that the affidavit tended to contradict the statements made upon his examination in chief, and properly refused to allow the defendant to read certain affidavits therein referred to, which were no