Kitchens v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Seminole County; Tom D. McKeown, Judge. John Kitchens was convicted of adultery, and appeals. The plaintiff in error, herein referred ho as defendant, and one Mollie Mitchell were jointly informed against for the crime of adultery.
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Appeal from District Court, Seminole County; Tom D. McKeown, Judge. John Kitchens was convicted of adultery, and appeals. The plaintiff in error, herein referred ho as defendant, and one Mollie Mitchell were jointly informed against for the crime of adultery. The information, omitting the formal parts, was as follows: “That John Kitchens and Mollie Mitchell did, in Seminole count}'-, and in the state of Oklahoma, on or about the 1st day of April in the year of our Lord one thousand nine hundred and twelve, and anterior to the presentment hereof, commit the crime of adultery in the manner and…
1Opinion of the CourtDoyle, J.
(after stating the facts as above). The .provision of the Penal Code upon which the prosecution was founded defines the crime of adultery as follows:
“Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex; and when the crime is between persons, only one of whom is married, both are guilty of adultery. Prosecution for adultery can be commenced and carried on against either of the parties to the crime only by his or her own husband or wife, as the case may be, or by the husband or wife of the other party to the crime: Provided, that any person may…
2Cases cited2 opinions
- Heacock v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Copeland v. StateCourt of Criminal Appeals of Oklahoma · 1913
3Cited by10 opinions
- Stone v. StateCourt of Criminal Appeals of Oklahoma · 1916
- Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Burns v. StateCourt of Criminal Appeals of Oklahoma · 1919
- Barber v. StateCourt of Criminal Appeals of Oklahoma · 1919
- Taylor v. StateCourt of Criminal Appeals of Oklahoma · 1925
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