State v. Kimball
Supreme Court of Vermont
Indictment for adultery. Plea, not guilty. Trial by jury at the June Term, 1901, Orange County, Stafford, J., presiding. Respondent’s motion for a verdict of not guilty overruled. Verdict and judgment of guilty. The respondent excepted. The state offered, as presumptive evidence of the respondent’s marriage, a copy of the record of the marriage of James F. Kimball to Eillian E. Stoddard, duly certified by the clerk of the town of Colchester.
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Indictment for adultery. Plea, not guilty. Trial by jury at the June Term, 1901, Orange County, Stafford, J., presiding. Respondent’s motion for a verdict of not guilty overruled. Verdict and judgment of guilty. The respondent excepted. The state offered, as presumptive evidence of the respondent’s marriage, a copy of the record of the marriage of James F. Kimball to Eillian E. Stoddard, duly certified by the clerk of the town of Colchester. It appeared from this copy that Eillian E. Stoddard then resided in Colchester and James F. Kimball in Randolph. The offer of this copy was accompanied…
1Opinion of the CourtTyler, J.
I. The respondent’s concession of his identity as the man who was married to Lillian E. Stoddard, and from whom she obtained a divorce in October, 1900, eliminates *226from the case the question of the admissibility of the certified copy of the marriage record.
II.- When the state rested, the respondent mo-ved for a verdict, therefore the question is whether upon the evidence produced by the state, the court was justified in submitting the case to the jury.
It is a general rule in the trial of criminal causes that the respondent should not be convicted unless the corpus delicti is established; that…
2Cases cited5 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Pollock v. . PollockNew York Court of Appeals · 1877
- Allen v. . AllenNew York Court of Appeals · 1886
- State v. PotterSupreme Court of Vermont · 1879
- State v. BrinkSupreme Court of Vermont · 1896
3Cited by3 opinions
- State v. FairbanksSupreme Court of Vermont · 1928
- State v. WarnerSupreme Court of Vermont · 1917
- State v. NorthSupreme Court of Vermont · 1916