State v. . Jones
Supreme Court of North Carolina
INDICTMENT for fornication and adultery tried at Spring Term, 1883, of Caldwell Superior Court, before Gudger, J. The indictment was against John Jones and Sarah C. Hudson.
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INDICTMENT for fornication and adultery tried at Spring Term, 1883, of Caldwell Superior Court, before Gudger, J. The indictment was against John Jones and Sarah C. Hudson. On the Arial D. M. Hudson was offered as a witness for the state, and the defendant objected to his competency, when the following facts were made to appear: At the time when the alleged adulterous intercourse between the defendants was charged to have been committed, and at the time the bill of indictment was found, the witness was the husband of the female defendant, and after the finding of the bill, and before the…
1Opinion of the CourtAshe, J.
The only question of any importance presented by the appeal for our consideration is the objection to the competency of the witness, Hudson, and we are of opinion there .was error in the ruling of the court below upon this point.
In State v. Jolly, 3 Dev. & Bat., 110, which was an indictment for fornication and adultery, one who had been the husband of the female defendant, but had been divorced from her on account of her adultery, was held to be incompetent to testify against the defendants as to the adulterous intercourse, or any other fact which occurred while the marriage subsisted.
In this…
2Cases cited2 opinions
- Barnes v. CamackNew York Supreme Court · 1847
- State v. PhelpsSupreme Court of Vermont · 1803
3Cited by4 opinions
- State v. . JollySupreme Court of North Carolina · 1838
- State v. AlfordSupreme Court of North Carolina · 1968
- State v. . RiceSupreme Court of North Carolina · 1943
- State v. . CottonSupreme Court of North Carolina · 1940