In Re Vandiveer

Petitioner was charged with the crime of seduction under promise to marry, alleged to have occurred January 1, 1906. At the preliminary examination he was committed, and sues out the writ on the ground that the justice of the peace acted without reasonable or probable or any cause in committing him to the custody of the sheriff. No question arises on the regularity of the proceedings. We deem it best not to comment upon the evidence to any considerable extent, as the cause may be tried on substantially the same testimony as is now before us.

The prosecuting witness testified that petitioner had sexual intercourse with her at the date alleged, coupled with a - promise on his part to marry her as a condition to her consent to such intercourse. Upon cross-examination she was interrogated as to the manner in which petitioner performed the act of intercourse. Her reply apparently placed the parties in such juxtaposition as to make the act physically impossible, if she clearly understood the question, and if we may infer that she meant her answer to be taken literally. It is strongly urged that, as petitioner was held to answer upon the testimony alone of the prosecuting witness, he…