Jensen

The defendant was convicted of the crime of “seduction under promise of marriage,” and prosecutes this appeal from the order denying his motion for a new trial.

The only point urged against the validity of the order appealed from is that the evidence does not disclose that the defendant committed the crime denounced by section 268 of the Penal Code, upon which the information upon which he was tried and convicted is founded. Said section reads as follows: “Every person who, under promise of marriage, seduces and has sexual intercourse with an unmarried female of previous chaste character, is punishable by imprisonment in the state prison for not more than five years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment.”

By the terms of the succeeding section a prosecution of an offender under section 268 may be barred by the intermar-' riage of the parties prior to the finding of an indictment or the filing of an information charging such offense.

The contention is that the testimony of the prosecutrix discloses that the defendant promised to marry the plaintiff, if she would consent to and have sexual relations with him, only in the event…