Legal Opinion

State v. Hodgskins

Supreme Judicial Court of Maine

Decided April 15, 1841PublishedCited by 14 opinions

This was an indictment for adultery with one Deborah Hodgskins. To prove the marriage of the defendant, the Attorney General called Priscilla Tripp, who testified that Chip-man Hodgsldns was her brother — that she was present when he was married to Abigail Thurlow at the house of her father, Richard Thurlow: She' could not state how long ago they were married, but should think it was about twenty-five years ago. She could not state by whom they vyere married.

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This was an indictment for adultery with one Deborah Hodgskins. To prove the marriage of the defendant, the Attorney General called Priscilla Tripp, who testified that Chip-man Hodgsldns was her brother — that she was present when he was married to Abigail Thurlow at the house of her father, Richard Thurlow: She' could not state how long ago they were married, but should think it was about twenty-five years ago. She could not state by whom they vyere married. Hodgsldns continued to live with the aforenamed Abigail, until about eight years ago, and had nine children by her, before they…

1Opinion of the Court

The opinion of the Court was delivered by

Whitman C. J.

The indictment against the prisoner com tains a charge of the crime of adultery. Two exceptions are takep to the proof in support of it. The first is, that the *157evidence of the marriage of Jlodgskins was insufficient. A witness testified that she saw the ceremony performed; but cannot tell by whom, and gave no description of the person performing it, whereby his official character could be indicated. This evidence was accompanied by proof of cohabitation, between the parties, immediately following the performance of the ceremony, till they…

2Cases cited3 opinions

  1. Wilcox v. SmithNew York Supreme Court · 1830
  2. Commonwealth v. NorcrossMassachusetts Supreme Judicial Court · 1813
  3. Dean v. GridleyNew York Supreme Court · 1833

3Cited by14 opinions

  1. People v. Le DouxCalifornia Supreme Court · 1909
  2. White v. WhiteCalifornia Supreme Court · 1890
  3. Beverlin v. BeverlinWest Virginia Supreme Court · 1887
  4. Sloan v. WestWashington Supreme Court · 1908
  5. Pierce v. Secretary of United States Department of Health, Education & WelfareSupreme Judicial Court of Maine · 1969

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