State v. . Rinehart
Supreme Court of North Carolina
INDICTMENT for fornication and adultery, tried before Gil-mer, /., at Spring Term, 1889, of the Superior Court of Madison County.
Read the full summary
INDICTMENT for fornication and adultery, tried before Gil-mer, /., at Spring Term, 1889, of the Superior Court of Madison County. It was in evidence that Rinehart is a married man, and the defendant Lindsay is a single woman; that the female defendant.has a bastard child about two years old; that she now lives and has lived at the defendant Rinehart's house and on his land since before the child was born; that she now lives on the land of Rinehart, in a house built by him for her, and into which she moved soon after it was built; that Rinehart has been seen at the house in which she lives,…
1Opinion of the CourtDavis, J.
after staling the facts: When two persons áre tried jointly for the commission of an offence that requires the joint act of the two to commit, and one of them is acquitted, there cannot be a verdict of guilty as to the other.
The defendants are charged with fornication and adultery, and, as the offence charged is a joint one, if one of the parties in the joint trial be acquitted, or if one of them has been previously acquitted on a separate trial, it operates as an acquittal of the other, and there can be no judgment as to either. State v. Mainor, 6 Ired., 340; State v. Parham, 5 Jones, 416.
Thi…
2Cited by16 opinions
- Powell v. StricklandSupreme Court of North Carolina · 1913
- State v. BennettSupreme Court of North Carolina · 1953
- Powell v. . StricklandSupreme Court of North Carolina · 1913
- State v. . CutshallSupreme Court of North Carolina · 1891
- State v. DavisSupreme Court of North Carolina · 1948
11 more not listed; retrieve them via the Exa API.