State v. Gray

The opinion of the court was delivered by

Van Syckel, J.

Section 16 of the act for the punishment of crimes, (Nix. Dig. 195,) provides that every person convicted of adultery shall be punished by fine not exceeding §100, or by imprisonment not exceeding the term of six months. In every section of this act, prior to the 16th, the crime denounced is declared to be punishable by imprisonment at hard labor.

The omission of these words in the 16tli, 20th, and 21st sections, while they are found in the sections which precede and follow them, could not have been unintentional. Adultery was not…