Legal Opinion
State v. Astin
Washington Supreme Court
Decided April 3, 1919No. 14866Published
Appeal from a judgment of the superior court for King county, Jurey, J., entered May 15, 1918, dismissing a prosecution for adultery, on motion of the complaining spouse. Reversed.
1DissentChadwick, C. J.
(dissenting)—The provision of onr law upon which the trial judge based his ruling is ch. 98, p. 341, Laws of 1917, which is as follows:
“ Provided, That no prosecution for violation of the provisions of this section shall be commenced except on complaint of the husband or wife made before a committing magistrate, or by filing an affidavit with the prosecuting attorney, nor after one year from the commission of the offense.”
Adultery is not a crime against the state. It is an offense against the unoffending spouse, and it is wisely provided, as was consistent with the ancient law, that no grand…
Also in this document: Concurrence.
2Cases cited7 opinions
- State v. BriggsSupreme Court of Iowa · 1886
- State v. BaldySupreme Court of Iowa · 1864
- State v. LeekSupreme Court of Iowa · 1911
- State v. La BountyWashington Supreme Court · 1911
- Hosford v. Gratiot Circuit JudgeMichigan Supreme Court · 1902
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