Buchanan v. State
Supreme Court of Alabama
Feom tbe Circuit Court of Bandolph. Tried before tbe Hon. JohN Hekderson. Tbe indictment in this ease, wbicb was found at tbe February term of said court, 1876, charged tbat “James Buchanan, a man, and Sarah A. Holloway, a woman, did live together in a state of adultery or fornication.”
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Feom tbe Circuit Court of Bandolph. Tried before tbe Hon. JohN Hekderson. Tbe indictment in this ease, wbicb was found at tbe February term of said court, 1876, charged tbat “James Buchanan, a man, and Sarah A. Holloway, a woman, did live together in a state of adultery or fornication.” Tbe defendants were jointly tried, and pleaded not guilty; and on their trial reserved the following bill of exceptions to several rulings of tbe court: “ Tbe State introduced William Traylor as a witness, who testified, tbat be was acquainted with tbe defendant Buchanan, and tbat said Buchanan, when be first…
1Opinion of the Court
STONE, J. —
Adultery and fornication, while of the same grade, are essentially different offenses. To commit the former, one of the parties, at least, must be, at the time, a married person. Whether, if one of the offenders be married, and the other single, the latter commits the offense of adultery or fornication, the authorities are not in entire harmony. See Smitherman v. State, 27 Ala. 23; 2 Bish. Cr. Law, §§ 11, 12, and notes. The better opinion, however, seems to be, that, in such case, the married offender is guilty of adultery, and the unmarried one of fornication. The offense of…
2Cases cited4 opinions
- Morgan v. StateSupreme Court of Alabama · 1847
- Smitherman v. StateSupreme Court of Alabama · 1855
- Adams v. StateSupreme Court of Alabama · 1875
- George v. EnglishSupreme Court of Alabama · 1857
3Cited by14 opinions
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Fuquay v. StateSupreme Court of Alabama · 1927
- In Re CooperCalifornia Supreme Court · 1912
- Rogers v. McLeskeySupreme Court of Alabama · 1932
- Faggard v. FilipowichSupreme Court of Alabama · 1946
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