State v. Gartrell

Information against the appellee, for living in open and notorious adultery. On motion of the defendant, the information was quashed, and the state excepted. The affidavit on which the information was predicated, charges that on the 24th day of October, A. D. 1857, at said county, the defendant, “ a married man, did commit and live in open and notorious adultery with Emma Dawson, by then and there having carnal knowledge of the said Emma,” &c. The statute on which the information is based, provides that “every person who shall live in open and notorious adultery or fornication, shall be…