Legal Opinion

Blackman v. State

Supreme Court of Alabama

Decided June 15, 1860PublishedCited by 20 opinions

Erom the Circuit Court of Dale. Tried before the lion. John Gill Shorter. The indictment .in-this case charged, “that Joseph Blackman, a man, and Elizabeth Mound, a woman, did live together in adultery or fornication.”

Read the full summary

Erom the Circuit Court of Dale. Tried before the lion. John Gill Shorter. The indictment .in-this case charged, “that Joseph Blackman, a man, and Elizabeth Mound, a woman, did live together in adultery or fornication.” The defendants pleaded not guilty, and were tried together ; and during the trial reserved the following bill of exceptions: “ The State proved divers facts and circumstances, conducing to establish an adulterous intercourse between the defendants within the period covered by the indictment; among which were frequent visits by said Blackman, at night, to the house where said…

1Opinion of the CourtR. W. Walker, J.

Had the defendant Blackman been alone upon trial, we see no reason to doubt that the evidence which was objected to would have been admissible. That a married man pays frequent visits, at night, to the house of a female, and is seen with her in her bedroom, and lying with her on the same bed at night, are *297circumstances, which, of themselves, are well calculated “to lead the guarded discretion of a reasonable and just man to the conclusion ” that the parties have been guilty of adultery. The presumption that the criminal act had been committed would be strengthened by proof that the general…

2Cases cited1 opinion

  1. Goodman v. WalkerSupreme Court of Alabama · 1857

3Cited by20 opinions

  1. Sutton v. StateSupreme Court of Georgia · 1906
  2. Williams v. StateSupreme Court of Alabama · 1887
  3. State v. EgglestonOregon Supreme Court · 1904
  4. Gossett v. StateSupreme Court of Georgia · 1905
  5. State v. RichardsonIdaho Supreme Court · 1935

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API