Collins v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. The plaintiff in error was indicted, for living in adultery, with one Polly Williams. From the evidence it appeared, that the defendant had a wife at home. That at least one night in every week he visited the house of Polly Williams, which was a half mile from his own residence, and slept with her all night, and that this was continued for about seven months.
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Writ of Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. The plaintiff in error was indicted, for living in adultery, with one Polly Williams. From the evidence it appeared, that the defendant had a wife at home. That at least one night in every week he visited the house of Polly Williams, which was a half mile from his own residence, and slept with her all night, and that this was continued for about seven months. The court charged, that if the evidence was believed, and the parties cohabited together, it was a living together in adultery. To this he excepted, and now…
1Opinion of the CourtCollier, C. J.
The third section of the sixth chapter of the penal code enacts, that “ if any man and woman shall live together in adultery or fornication, each of them shall be deemed guilty of a misdemeanor, and shall, upon the first conviction, be fined,” &c. Clay’s Dig. 431. Under this enactment it has been strongly intimated, that if the adulterous connection existed but for a single day, the parties might be convicted of the offence of thus living together. The State v. Glaze, 9 Ala. Rep. 283. The statute óf Indiana employs the terms living together in open and notorious adultery; it has been held…
2Cases cited1 opinion
- State v. GlazeSupreme Court of Alabama · 1846
3Cited by12 opinions
- Coleman v. ColemanSupreme Court of Alabama · 1916
- Brown v. StateSupreme Court of Alabama · 1895
- Bodiford v. StateSupreme Court of Alabama · 1888
- Stephens v. StephensSupreme Court of Alabama · 1936
- Hall v. StateSupreme Court of Alabama · 1875
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