Atkins v. Commonwealth

Kelly, P.,

delivered the opinion of the court.

The indictment in this case charged that on the 26th day of June, 1921, in Halifax county, “W. W. Atkins, being a married man, * * * did then and there unlawfully and feloniously seduce and have illicit connection with one K. L. Yates, * * * an unmarried female of previous chaste character.”

The case was tried twice. At the first trial the jury found the defendant guilty and fixed his punishment at two years in the penitentiary. This verdict, on motion of the defendant, was set aside. At the second trial he was again found guilty, and his punishment…