Smith v. State
Supreme Court of Alabama
Ebom the Circuit Court of Butler, Tried before the Hon. John K. Henr£, The indictment in this case was found at the March term of said circuit court, 1864, and charged that the defendant, “Martha Smith, a white woman, did live in a state of adultery or fornication with a negro man named Joe, the property of some person who is to the grand jury unknown,” or, as alleged in another count, “the property of her, the said Martha Smith.”
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Ebom the Circuit Court of Butler, Tried before the Hon. John K. Henr£, The indictment in this case was found at the March term of said circuit court, 1864, and charged that the defendant, “Martha Smith, a white woman, did live in a state of adultery or fornication with a negro man named Joe, the property of some person who is to the grand jury unknown,” or, as alleged in another count, “the property of her, the said Martha Smith.” On the trial, as the bill of exceptions shows, the State introduced witnesses, whose testimony was to the effect, that the prisoner owned a negro man by the name of…
1Opinion of the CourtPhelan, J.
The charge of the court, “that one act of criminal intimacy was not sufficient to constitute the offense” of living in adultery or fornication under our statute, was correct; but the qualification which the court gave, was not so. No previous arrangement, or agreement between the parties, can make that “ a living in adultery or fornication,” which would not be so without it. It is not necessary, to constitute “a living in adultery or fornication,” that the guilty parties should live together in the same house continually, as man and wife. Any habitual illicit intercourse between them, though…
2Cited by7 opinions
- Linton v. StateSupreme Court of Alabama · 1889
- Powell v. StateCourt of Criminal Appeals of Alabama · 1974
- State v. GiesekeSupreme Court of Minnesota · 1914
- Lawson v. StateSupreme Court of Georgia · 1902
- State v. McDavittSupreme Court of Iowa · 1908
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