Lehmann

Appellant was found guilty of the seduction of Rosa Hunzeker under promise of marriage, and was sentenced to pay a fine of five hundred dollars. He now appeals from said judgment, and an order denying his motion for a new trial.

Appellant contends, that, at the time of the commission of the alleged offense, he and Rosa were husband and wife; and whether such relation existed is the sole question made upon this appeal.

The defendant, a man forty-three years of age, lived near Lemoore, in Tulare county. In August, 1893, he *632 visited a marriage bureau in San Francisco, where he was introduced to Posa Hunzeker. During this visit of defendant to the city mutual promises to marry were made between them. Defendant then returned to his ranch in Tulare county, and while there wrote several letters to Rosa appropriate to such relation only. In October defendant again came to the city, and at this time it was arranged that on Saturday they should leave the city, go to Lemoore, and there be married on the following Tuesday. Before leaving the city defendant purchased carpets for his house, the carpets being selected by Rosa. Defendant also hired a man and his wife, who were to accompany…