Miner v. People

At the April term, 1869, of the Bond County Circuit Court, appellant was indicted. There are two counts in the indictment ; one that he and Eliza Jones lived together in an open state of adultery, the one having a lawful wife, and the other a lawful husband, living; and the other count is, that they lived together in an open state of fornication.

The jury found the appellant guilty, under the first count, and the court imposed a fine of twenty dollars, and rendered judgment for costs.

A new trial should have been granted in this case, for a number of reasons.

The crime of adultery can not be…