State v. Astin
Washington Supreme Court
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.
1Opinion of the CourtMackintosh, J.
Chapter 98, Laws 1917, page 311, provides that no prosecution for adultery shall be commenced except on complaint of the husband or wife injured. Such a complaint having been filed and the prosecution thus begun, can the husband or wife discontinue and terminate that prosecution by moving to have it dismissed, or in any way interfere in the conduct of the case by the prosecuting attorney?
*337The purpose of the act is, as stated in the case of State v. La Bounty, 64 Wash. 415, 116 Pac. 1073, to put the commencement of the prosecution in the exclusive control of the injured spouse, in order that…
2Cases cited4 opinions
- State v. BaldySupreme Court of Iowa · 1864
- State v. LeekSupreme Court of Iowa · 1911
- State v. La BountyWashington Supreme Court · 1911
- People v. DalrympleMichigan Supreme Court · 1885
3Cited by5 opinions
- State v. StevensonOregon Supreme Court · 1920
- State v. AllisonSupreme Court of Minnesota · 1928
- Lee v. StateCourt of Criminal Appeals of Oklahoma · 1924
- Taylor v. StateCourt of Criminal Appeals of Oklahoma · 1925
- State v. BeckNorth Dakota Supreme Court · 1925