State v. Byrum
Nebraska Supreme Court
Error to the district court for Stanton county. Tried below7 before Graves, J. Writ of error by the state. The term “adultery,” as used in the Criminal Code of this state, is properly defined .as “voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife.”
Read the full summary
Error to the district court for Stanton county. Tried below7 before Graves, J. Writ of error by the state. The term “adultery,” as used in the Criminal Code of this state, is properly defined .as “voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife.” Bouvier’s Law Dictionary, Rawle’s revision, vol. 1, title “Adultery”; 2 Wharton, Criminal Law, sec. 1721a; Bailey v. State, 36 Nebr., 808. The statute provides for three classes of cases: first, where a man commits adultery; second, if he deserts his wife and lives and cohabits with another…
1Opinion of the CourtNon val, C. J.
An information was filed by the county attorney of Stanton county in the district court of that county charging “that Walter P. Byrum, on the 19th day of Jung in the year of our Lord one thousand eight hundred and ninety-nine, in said county and state aforesaid, being then and there married to and the lawful husband of one Lizzie Byrum then alive, did then and there commit the crime of adultery with one Lena Ackels an unmarried woman, by he, the said Walter P. Byrum then and there having carnal knowledge of the body of her, the said Lena Ackels.” The defendant interposed to the information a…
2Cases cited8 opinions
- Cook v. StateSupreme Court of Georgia · 1852
- Miner v. PeopleIllinois Supreme Court · 1871
- State v. GlazeSupreme Court of Alabama · 1846
- White v. StateSupreme Court of Alabama · 1883
- State v. FellowsWisconsin Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Thayer v. School DistrictNebraska Supreme Court · 1916
- Brett v. BrettSupreme Court of Iowa · 1921
- Carp v. Queen InsuranceMissouri Court of Appeals · 1906
- Nebraska Telephone Co. v. Western Independent Long Distance Telephone Co.Nebraska Supreme Court · 1903
- Slepicka v. City of WilberNebraska Supreme Court · 1948
6 more not listed; retrieve them via the Exa API.