Territory v. Capitan

Citations

• 23 Haw. 771
• 1917 Haw. LEXIS 27

Syllabus

<p>Seductiojt — chastity—pleading and proof.</p> <p>In a prosecution for tbe offense of seduction under R. L. 1915, Sec. 3902, tbe chastity of tbe female need not be alleged, nor need it be proved before it bas been attacked, if at all. The unchaste character of tbe prosecutrix may be shown in defense. Where the burden of proof lies when the question of' chastity has been made an issue, quaere.</p> <p>Same — corroboration.</p> <p>The provision of R. L. 1915, Sec. 3903, that no person shall be convicted of seduction upon the uncorroborated testimony of the prosecutrix, requires supporting evidence as to the promise of marriage and the carnal connection, but not as to the previous chastity of the prosecutrix, or that she was unmarried.</p> <p>Same — same—evidence.</p> <p>Whether, in a given case, there was any corroboration of the testimony of the prosecutrix is a question of law, but where there was some such evidence its sufficiency would be for the jury to determine. Held, in this case, that there was some circumstantial corroborating evidence, and that its weight and sufficiency was for the jury.</p>