State v. Roth
Supreme Court of Iowa
Appeal from, Des Moines District Court. Prosecution for adultery, under § 4347 of the Revision. The defendant, a married man, was indicted jointly with Mary Slarrett, an unmarried woman ; and it was averred; in the body of the indictment, that “ this prosecution was commenced upon the complaint of Magdalina Roth, the wife of said John Roth.” There was also indorsed on the back of the indictment: “A true bill, found at the instance, and upon the complaint of Magdalina Roth.
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Appeal from, Des Moines District Court. Prosecution for adultery, under § 4347 of the Revision. The defendant, a married man, was indicted jointly with Mary Slarrett, an unmarried woman ; and it was averred; in the body of the indictment, that “ this prosecution was commenced upon the complaint of Magdalina Roth, the wife of said John Roth.” There was also indorsed on the back of the indictment: “A true bill, found at the instance, and upon the complaint of Magdalina Roth. Luke Hughes, foreman.” The defendant, Mary Slarrett, was first tried, found guilty and sentenced; and before the jury…
1Opinion of the CourtCole, J.
The question involved in this case is as to the proper construction of the following statute: “Revision, ‘§ 4347 (2705). Every person who commits the crime of adultery shall be punished by imprisonment in the peni*339tentiary not more than three years, or by fine not exceeding three hundred dollars and imprisonment in the county jail not exceeding one year; and when the crime is committed between parties, only one of whom is married, both are guilty of adultery and shall he punished accordingly. No prosecution for adultery can be commenced but on the complaint of the husband or luife.” This…
2Cited by14 opinions
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- State v. HenkeSupreme Court of Iowa · 1882
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