Hudson v. Commonwealth

Opinion of the Court by

Chief Justice Hobson—

Reversing.

Halcomb Hudson was indicted in the Owen Circuit Court for the crime of seducing, under promise of marriage, Ethel Hamilton, a female under twenty-one years of age. His defense was, in effect, that he did not seduce the woman, but that she was in fact unchaste before he had carnal knowledge of her. Presenting this defense to the jury, the court gave this instruction:

“The Court instructs the jury that although they may believe from the evidence that the defendant herein did seduce Ethel Hamilton under promise to marry her as alleged in the…