Berkley v. Commonwealth

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

Defendant, Harvey Berkley, seduced-Mande Whitney, a girl under twenty-one years of age, under a promise of marriage. He was indicted and convicted and sentenced to the penitentiary. He appeals.

Briefly stated, the facts are these: The prosecuting witness and defendant lived in Trigg County. She was fifteen years of age and he sixteen years of age. He seduced her under a promise of marriage and she gave birth to a child. After his refusal to marry her she had him arrested for the offense of seduction under a promise of marriage.…