State v. Lash
Supreme Court of New Jersey
On Certiorari to the Morris Quarter Sessions, on indictment for adultery. At November term 1837, J. W. Miller, moved to quash the indictment in this case * because the facts charged therein, do not constitute the crime of adultery ; to wit the illicit connection with a single woman.
1Opinion of the Court
At the present term, the opinion of the Court, was delivered by
Fosd, J.
An indictment was'found by the grand jury of the county of Morris, against Robert Lash, that he being a married man, committed adultery with B. a single woman. This indictment being brought into this Court by Certiorari, the defendant moves that it may be quashed, because the facts on the face of it amount only to fornication, for which he might be lawfully indicted, but do not amount by the common law, to the crime of adultery. If a married man have illicit intercourse with a single woman, there is no doubt but he is…
2Cases cited2 opinions
- Respublica v. RobertsSupreme Court of the United States · 1791
- Respublica v. RobertsSupreme Court of Pennsylvania · 1791
3Cited by11 opinions
- Dickhoff v. ShaughnessyDistrict Court, S.D. New York · 1956
- Purvis v. StateSupreme Court of Florida · 1979
- Rafael Antonio Brea-Garcia v. Immigration and Naturalization Service (By Its District Director at Newark, New Jersey)Court of Appeals for the Third Circuit · 1976
- Byers, Exr. v. BeddowSupreme Court of Florida · 1932
- Evans v. MurffDistrict Court, D. Maryland · 1955
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