State v. Holland

Defendant was prosecuted in the criminal court of Jackson county by information of the prosecuting attorney, charging him with unlaw- ■ fully living and cohabiting with Mary 0. Mayers, alias Richter, in a state of open and notorious adultery, they not being married to each other, but defendant being a married man.

It was not charged, nor was it proved, that Mary Mayers was a married woman. Defendant insists that to make out the offense of adultery the woman must be a married woman. To sustain this position his counsel has given the court the benefit of an able argument and an elaborate brief.…