State v. Phelps
Supreme Court of Vermont
THE defendant was indicted upon the 24th section of the act for the punishment of certain capital and other high crimes and misdemeanors, for being a married man, and as such being found in bed with a woman not his wife, under such circumstances as afforded presumption of an illicit intention.
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THE defendant was indicted upon the 24th section of the act for the punishment of certain capital and other high crimes and misdemeanors, for being a married man, and as such being found in bed with a woman not his wife, under such circumstances as afforded presumption of an illicit intention. On trial to the Jury, Mr. Attorney offered to adduce as a witness on the part of the prosecution, Lucy Phelps, wife to the defendant at the time of the commission of the crime alleged, but afterwards divorced a vinculo matrimonii., and cited the case of The State v. J. N. B. decided in Addison County,…
1Opinion of the Court
Jacob, Assistant Judge,
coincided in opinion, and the witness was not permitted to testify.
Tyler, Assistant Judge, dissente.
2Cited by6 opinions
- Chamberlain v. . the PeopleNew York Court of Appeals · 1861
- State v. KodatSupreme Court of Missouri · 1900
- French v. WareSupreme Court of Vermont · 1892
- State v. . JonesSupreme Court of North Carolina · 1883
- Dickerman v. GravesMassachusetts Supreme Judicial Court · 1850
1 more not listed; retrieve them via the Exa API.