Penal Code, 1860–Sec. 376–Conviction–Sustainability of–Prosecutrix was aware that the appellant was already married, however, she was willing to start a home with the appellant–She was aware that a legal marriage could not be performed– No case that the appellant prevailed on her to have sexual intercourse with him on the assurance that they were legally wedded–Commission of consensual sexual relationship was brought to an abrupt end by the appearance in the scene of the uncle of prosecutrix–Held, conviction is liable to be set aside.
