Legal Opinion

State v. Oden

Supreme Court of Iowa

Decided December 9, 1896PublishedCited by 4 opinions

Appeal from Sioux District Court. — Hon. Scott M. Ladd, Judge. ' On tbe fifteenth day of November, 1893, the defendant was indicted on the complaint of A. H. Macomber, husband of Hilda Sophia Macomber, for the crime of adultery, alleged to have been committed on or about the sixth day of June, 1893, with said Hilda Sophia Macomber, the defendant then being a single man.

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Appeal from Sioux District Court. — Hon. Scott M. Ladd, Judge. ' On tbe fifteenth day of November, 1893, the defendant was indicted on the complaint of A. H. Macomber, husband of Hilda Sophia Macomber, for the crime of adultery, alleged to have been committed on or about the sixth day of June, 1893, with said Hilda Sophia Macomber, the defendant then being a single man. A verdict of guilty was returned, and judgment that the defendant be imprisoned in the penitentiary for the period of one year and four months, and for costs, was entered thereon. Defendant appeals.

1Opinion of the CourtGiven, J.

1 I. On the trial, the defendant called Mrs. S. Oden, who testified that she was married toth.e defendant on October 18, 1893, and had lived with him ever since that date. The state moved to strike this evidence, as “incompetent, immaterial, and irrelevant,” which motion was sustained, and of this appellant complains. It will be observed that the crime is alleged to have been committed on or about the sixth day of June, 1893, and that the defendant was then a single man. It will also be noticed that the indictment was found on the fifteenth day of November, 1893, which was after the marriage…

2Cases cited5 opinions

  1. State v. DonovanSupreme Court of Iowa · 1883
  2. State v. BennettSupreme Court of Iowa · 1870
  3. State v. MahanSupreme Court of Iowa · 1890
  4. State v. CorlissSupreme Court of Iowa · 1892
  5. Bush v. WorkmanSupreme Court of Iowa · 1884

3Cited by4 opinions

  1. State v. StevensonOregon Supreme Court · 1920
  2. State v. MoreSupreme Court of Iowa · 1901
  3. State v. SmithSupreme Court of Iowa · 1899
  4. State v. SmithSupreme Court of Iowa · 1899

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