Balmain

The defendant was convicted of abduction under the provisions of section 267 of the Penal Code. This appeal is from the judgment and from the order denying him a new trial.

The evidence in the case favorable to the prosecution is, very briefly, as follows:

Sometime early in the month of April, 1910, the defendant met Henrietta Nelson, a girl less than seventeen years of age, at a “nickel dance” in San Francisco. Their relations became intimate, and not more than a week later she, at his earnest solicitation, left her home, where she resided with her mother, and became a prostitute and an inmate of a house of ill-fame in the town of Point Arena.

The offense of which the defendant was convicted is defined by section 267 of the Penal Code, which reads as follows: “Every person who takes away any female under the age of eighteen years from her father, mother, guardian, or other person having the legal charge of her person, without their consent, for the purpose of prostitution, is punishable by imprisonment in the state prison hot exceeding five years, and a fine not exceeding one thousand dollars.”

Defendant makes no claim that the verdict is not supported by the evidence; but he…