State v. Sanderson
Supreme Court of Vermont
Indictment for adultery. Plea, not guilty. Trial by .jury at the September Term, 1909, Rutland County, Stanton, J., presiding. Verdict, guilty, and judgment thereon. The respondent excepted. The opinion states the ease. It was error to admit evidence that respondent had been arrested for bastardy, as that amounted to allowing evidence as to his character when he had not put his character in issue.
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Indictment for adultery. Plea, not guilty. Trial by .jury at the September Term, 1909, Rutland County, Stanton, J., presiding. Verdict, guilty, and judgment thereon. The respondent excepted. The opinion states the ease. It was error to admit evidence that respondent had been arrested for bastardy, as that amounted to allowing evidence as to his character when he had not put his character in issue. Sias v. Consolidated Lighting Co., 73 Vt. 35; State v. Broderick, 61 Vt. 421; State v. Kelley, 65 Vt. 536; State v. Hannett, 54 Vt. 87.
1Opinion of the CourtMunson, J.
The respondent is charged with having committed adultery with a woman who worked and lived in his family from September, 1905 to September, 1909. There was evidence tending to show that they were seen in sexual intercourse on a certain highway in August, 1907. There was also evidence of an act of intercourse in the summer of 1909, the place of which is not shown. Nothing else appears regarding the conduct of the parties, and nothing indicating how they lived in the respondent’s house.
The State was permitted to show that the woman gave birth to a child in September, 1908; and the respondent…
2Cases cited1 opinion
- State v. KelleySupreme Court of Vermont · 1892
3Cited by5 opinions
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- State v. GunnoeWest Virginia Supreme Court · 1914
- State v. HodgdonSupreme Court of Vermont · 1915
- State v. CoolidgeSupreme Court of Vermont · 1934
- Fitch v. BemisSupreme Court of Vermont · 1935