State v. Henke
Supreme Court of Iowa
Appeal from, Plymouth District Court. An indictment was preferred against the defendant Henry Henke charging that he, being the husband of Mary Henke, did, on the 29th day of January, 1881, commit the crime of adultery with one Eina Deutimer. The indictment charges that the prosecution is commenced on the complaint of Mary Henke, the wife of the defendant. The defendant pleaded not guilty, yras tried, convicted and sentenced to the penitentiary for two years.
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Appeal from, Plymouth District Court. An indictment was preferred against the defendant Henry Henke charging that he, being the husband of Mary Henke, did, on the 29th day of January, 1881, commit the crime of adultery with one Eina Deutimer. The indictment charges that the prosecution is commenced on the complaint of Mary Henke, the wife of the defendant. The defendant pleaded not guilty, yras tried, convicted and sentenced to the penitentiary for two years. The defendant appeals.
1Opinion of the CourtDay, J.
1. CRIMINAL LAW : adultery: evidence. I. The evidence shows that Mary Henke was married to one Sinnett in 1868; and again about New Tears, 1869: that he lived with her but four days after secon(i marriage, since which time she has not seen an(j t]ia£ never procured a di*458vorce from him. Mary Henke was married to the defendant in 1874. The defendant and Nina Deutimer do not deny their cohabitation, but they claim that they were married. The whole case, therefore, hinges upon the legality of the marriage of the defendant to Mary Henke. Mary Henke for the purpose of establishing the fact that…
2Cases cited1 opinion
- State v. RothSupreme Court of Iowa · 1864
3Cited by16 opinions
- State v. BriggsSupreme Court of Iowa · 1886
- State v. DonovanSupreme Court of Iowa · 1883
- State v. RockerSupreme Court of Iowa · 1906
- State v. AtheySupreme Court of Iowa · 1906
- State v. MahanSupreme Court of Iowa · 1890
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