Commonwealth v. Clifford

1. This is an indictment for adultery. It is not denied that there was evidence for the consideration of the jury, but the principal exception taken is that the court charged the jury with respect to matters of fact. The instruction first given related to disputed evidence that the parties had occupied the same room, and was as follows: “ If they occupied together the room known as the parlor, that is evidence enough to warrant you in finding adultery. That is as strong evidence as is usually found in adultery cases.” This being excepted to, the court said, “ I withdraw those instructions and…