Scalf v. Commonwealth

Opinion of the Count by

Chief Justice Clay—

Reversing. Ben Scalf appeals from a three-year sentence for seduction under promise of marriage.

The indictment is not subject to the defect in the indictment in the ease of Garrison v. Commonwealth, 243 Ky. 253, 47 S. W. (2d) 1028, where the seduction was charged “while under promise of marriage.” On the contrary, it follows the language of the statute (Ky. St. sec. 1214), is in the usual form, and sufficiently alleges the intercourse, the promise, and the yielding of the prosecutrix in consequence thereof.

The prosecutrix testified to the intercourse…