State v. Moore
Utah Supreme Court
Appeal from District Court, Fourth District; Hon. J. E. Booth, Judge. Elizabeth Moore was convicted of adultery, and' she appeals. APPELLANT'S POINTS. The evidence is insufficient as matter of law to show that the defendant is a married woman, the wife of 0. H. Moore. The only evidence upon that subject is the statements attributed to the defendant, and that is not sufficient under the authorities.
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Appeal from District Court, Fourth District; Hon. J. E. Booth, Judge. Elizabeth Moore was convicted of adultery, and' she appeals. APPELLANT'S POINTS. The evidence is insufficient as matter of law to show that the defendant is a married woman, the wife of 0. H. Moore. The only evidence upon that subject is the statements attributed to the defendant, and that is not sufficient under the authorities. In the ease of Miner v. The People, 58 Ill. 59, the Supreme Court of Illinois said: “Adultery is criminal intercourse between a married person, and one of the opposite sex, whether married or…
1Opinion of the CourtFrick, J.
Appellant was convicted of the crime of adultery. After the overruling of motions in arrest of judgment and for a new trial, the court entered'judgment imposing the statutory penalty for the offense, and the appellant appeals.
The first error assigned relates to the sufficiency of the information. After charging that the appellant was a married woman and the wife of one C. H. Moore, and that she, on a certain date, in the county of Utah, State of Utah, committed the crime of adultery with one Arthur J. Morrow, the information contains a description or statement of how the offense was committed…
2Cases cited11 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- People v. StrongCalifornia Supreme Court · 1866
- State v. GoodrichWest Virginia Supreme Court · 1878
- State v. ThompsonUtah Supreme Court · 1906
- State v. StillSupreme Court of South Carolina · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. GreeneUtah Supreme Court · 1910
- State v. MooreUtah Supreme Court · 1912
- State v. WakefieldOregon Supreme Court · 1924
- Kiesel v. HeneckerWyoming Supreme Court · 1926
- State v. SpringerUtah Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.