Commonwealth v. Thompson
Massachusetts Supreme Judicial Court
Indictment of John H. Thompson and Harriet Pitkins jointly for adultery with each other at Williamstown on August 4,1868. The first count charged both of them with being married at the time, and not to each other. The second count charged only Harriet with being so married.
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Indictment of John H. Thompson and Harriet Pitkins jointly for adultery with each other at Williamstown on August 4,1868. The first count charged both of them with being married at the time, and not to each other. The second count charged only Harriet with being so married. At the trial in the superior court, before Reed, J., there was evidence that at the time charged both parties were married and not to each other, but the evidence that Harriet then had a husband living consisted solely of her own declarations not made in John’s presence. The defendants’ counsel requested a ruling that…
1Opinion of the CourtHoar, J.
No ground of exception being suggested to the evidence upon which the female defendant was convicted, there must be judgment upon the verdict against her. But the exception taken by the defendant Thompson seems to us well founded. The second count charged him with the crime of adultery by criminal intercourse with another man’s wife. The prosecution were therefore required to prove that the woman with whom the adulterous intercourse was had was married to another man. Her confession of this fact was evidence against herself; but her admissions were very clearly not evidence against another…
2Cited by13 opinions
- Commonwealth v. GiacomazzaMassachusetts Supreme Judicial Court · 1942
- People v. FowlerMichigan Supreme Court · 1895
- Walls v. StateIndiana Supreme Court · 1890
- Zediker v. StateNebraska Supreme Court · 1926
- Lynch v. RogersCourt of Appeals of Maryland · 1940
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