People v. Drake

SHAW, J.,

The defendant was convicted of the felony defined in section 266d of the Penal Code. The section is as follows:—

“Every person who receives any money or other valuable thing for or on account of his placing in custody any female for the purpose of causing her to cohabit with any male to whom she is not married, is guilty of a felony.”

By this definition, in order to constitute the offense, it is made imperative that the female in question shall have been “placed in custody” by the person charged. The use of the words “in custody” necessarily implies that she must be placed where she is…