State v. Chase
Supreme Court of Vermont
Indictment for the murder of John E. Holloway by poisoning. Plea, not guilty. Trial by jury at the February term, 1896, Orleans county, Thompson, J., presiding. Ver- ■ diet, guilty of manslaughter. The respondent excepts. Adultery with the wife cannot be shown as a motive, upon the part of her paramour for the killing of her husband. Such evidence is only admissible when the husband or wife is accused of the murder.
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Indictment for the murder of John E. Holloway by poisoning. Plea, not guilty. Trial by jury at the February term, 1896, Orleans county, Thompson, J., presiding. Ver- ■ diet, guilty of manslaughter. The respondent excepts. Adultery with the wife cannot be shown as a motive, upon the part of her paramour for the killing of her husband. Such evidence is only admissible when the husband or wife is accused of the murder. Wharton, Criminal Ev. 64; Peofle v. White, 14 Wend, xix ; Begt Ev. p. 119 ; State v. Smalley, 50 Vt. 734. The adulterous relations between the respondent and the wife of the…
1Opinion of the CourtRowell, J.
This is an indictment for the murder of John E. Holloway, by poison, on March 9, 1895..
All the exceptions now relied upon except two, relate to the admission of testimony concerning the relations that existed between the prisoner and Holloway’s wife before and •at the time of the homicide, and to their relations with the 'deceased at the same time. This testimony commenced *407with the prisoner’s first acquaintance with Mrs.Holloway at the Barton fair in the fall of 1894, and traced them step by step, .from that time till the homicide. It showed how their intimacy sprang up ; how it grew and…
2Cases cited1 opinion
- Pierson v. . the PeopleNew York Court of Appeals · 1880
3Cited by5 opinions
- State v. ShawSupreme Court of Vermont · 1901
- Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
- Billings v. United StatesDistrict of Columbia Court of Appeals · 1914
- State v. DugeeSupreme Court of Vermont · 1929
- State v. StewartSupreme Court of Kansas · 1902