State v. Audette
Supreme Court of Vermont
Information for Adultery. Plea not guilty. Trial by jury waiyed, and trial by court on an agreed statement of facts, at the December Term, 1907, Windsor County, Powers, J., presiding. Judgment, guilty, and sentence thereon. The respondent excepted. The opinion states the case. In the circumstances of this case the respondent should have been acquited.
Read the full summary
Information for Adultery. Plea not guilty. Trial by jury waiyed, and trial by court on an agreed statement of facts, at the December Term, 1907, Windsor County, Powers, J., presiding. Judgment, guilty, and sentence thereon. The respondent excepted. The opinion states the case. In the circumstances of this case the respondent should have been acquited. To prove him guilty, it was incumbent on the State to prove that at the time of his supposed marriage he knew that the woman had a living husband. I Cyc. 958-960; Banks v. State, 96 Ala. 78, 11 So. 404; Vaughan v. State, 83 Ala. 50, 3 -So. 530;…
1Opinion of the CourtMunson, J.
The respondent has been adjudged guilty of adultery on an agreed statement of facts. The acts relied upon to sustain the charge were sanctioned by the marriage relation, as the respondent supposed. They were in fact the acts of an unmarried man with a married woman; for the supposed wife had a husband living when she espoused the respondent. So we are again called upon to consider the relation of mistakes of fact to criminal intent.
The State rests its claim, in part, upon the reasoning and decision in State v. Ackerly, 79 Vt. 69, 64 Atl. 450, 118 Am. St. Rep. 940. It was said there, upon a…
2Cases cited23 opinions
- McCutcheon v. PeopleIllinois Supreme Court · 1873
- Barnes v. StateSupreme Court of Connecticut · 1849
- State v. HartfielWisconsin Supreme Court · 1869
- Commonwealth v. WeissSupreme Court of Pennsylvania · 1891
- White v. WhiteCourt of Appeals of Kentucky · 1859
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. CrimminsCourt of Appeals for the Second Circuit · 1941
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1971
- Kelley v. KilloureySupreme Court of Connecticut · 1908
6 more not listed; retrieve them via the Exa API.