Krusick

The defendant was tried and convicted upon an information charging him with the crime of seducing an unmarried female of previously chaste character under the promise of marriage.

Section 268 of the Penal Code, under which the information was filed, provides: “ 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.”

1. In order to convict the defendant of the crime defined in this section, it is necessary for the state to prove that the person seduced was an “unmarried female of previous chaste character,” and that she consented to sexual intercourse with the defendant upon the sole consideration of his promise to marry her. Unless all of these elements are established by competent evidence, the crime is not proved. It is as essential for the prosecution to show that the person against whom the offense was committed is of the character named in the statute, as it is to show that the sexual intercourse was had under a promise of…