People v. Roderigas

In People v. Roderigas (1874) 49 Cal. 9, the court sustained a demurrer to a section 266 charge on the ground that one who obtains sexual favors for himself by fraud cannot be held to "procure" within the meaning of the statute. "To 'procure a female to have illicit carnal connection with any man,' is the offense of a procurer or procuress -- of a pander. This is the natural meaning of the words -- the fair import of the terms of the statute -- and, in our opinion, this construction effects the objects had in view by the law-makers in its enactment. The argument for the people is that, as a seducer is a person who prevails upon a female -- theretofore chaste -- to have illicit carnal connection with himself, he is thereby brought within the mere words of the statute, and so made liable to the punishment it inflicts. But we think that this view cannot be maintained by any rule of fair interpretation. The statute uses the word procure -- 'procures.' The recognized meaning of this word, in the connection in which it appears in the statute, refers to the act of a person 'who procures the gratification of the passion of lewdness for another.' This is its distinctive signification, as uniformly understood and applied. The subsequent words 'with any man' ('procures any female to have illicit carnal connection with any man'), therefore, so far from being inconsistent with this construction, lend it support. It would be to utterly disregard the relations which these words bear to the remainder of the sentence in which they occur, and to indulge in a most latitudinarian construction, should we hold that they include and apply to the defendant in this case. He cannot, under the facts stated in the indictment, be considered to have been both procurer and seducer at the same time, and in one and the same instance, without utterly confounding distinctions and definitions well established, and universally recognized." ( People v. Roderigas, supra, 49 Cal. at p. 11.)