State v. Wilson
Supreme Court of Iowa
Appeal from Mitchell District Court. Adultery : proof of marriage : construction of statute.— The indictment avers that Mary Wilson, an unmarried woman, did, on the 30th day of October, 1865, commit the crime of adultery with one Thomas Hawthorne, the lawful husband of one Hannah Hawthorne. The indictment further avers that the prosecution wa3 commenced and the bill found on the complaint of tho said Hannah. The indictment was against Marv Wilson alone. Plea, not guilty.
Read the full summary
Appeal from Mitchell District Court. Adultery : proof of marriage : construction of statute.— The indictment avers that Mary Wilson, an unmarried woman, did, on the 30th day of October, 1865, commit the crime of adultery with one Thomas Hawthorne, the lawful husband of one Hannah Hawthorne. The indictment further avers that the prosecution wa3 commenced and the bill found on the complaint of tho said Hannah. The indictment was against Marv Wilson alone. Plea, not guilty. Trial and verdict of guilty, upon which, after denying a motion for a new trial, the court rendered judgment. Defendant…
1Opinion of the CourtDillon, J.
1. Criminal law: adultery: proof of marriage. L This indictment is found under- section 4347 of the Revision. No question was made upon its sufficiency. The first question is upon the mo(le of proof of marriage of said Thomas an¿ Hannah Hawthorne, at whose instance the indictment was found.
On the trial, Hannah Hawthorne was produced as a witness by the State, and testified, without objection, that she was married in Canada East, in 1846, to the said Thomas, by a Baptist minister; that she had ever since lived with the said Thomas as his wife, and had borne him eight children. Some of these…
2Cases cited1 opinion
- State v. WilliamsSupreme Court of Iowa · 1865
3Cited by15 opinions
- State v. RockerSupreme Court of Iowa · 1906
- State v. StevensonOregon Supreme Court · 1920
- In Re Estate of ClarkSupreme Court of Iowa · 1940
- Smith v. FullerSupreme Court of Iowa · 1908
- Casley v. MitchellSupreme Court of Iowa · 1903
10 more not listed; retrieve them via the Exa API.