State v. Rood
Supreme Court of Vermont
This was an indictment, charging that the respondent and Amelia Shurtleff, the wife of Newell Shurtleff, were found in bed together under such circumstances as to afford presumpption of an illicit intention between them to commit the crime of adultery.
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This was an indictment, charging that the respondent and Amelia Shurtleff, the wife of Newell Shurtleff, were found in bed together under such circumstances as to afford presumpption of an illicit intention between them to commit the crime of adultery. Upon the trial in the county court, on the plea of not guilty, Newell Shurtleff was introduced as a witness, and testitied that, about six years previous to the trial, he went with the said Amelia Shurtleff before one Isaac Bishop, whom the witness#^'called a justice of the peace, at Granville, in state of New York, and was there married to…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— No objection was made to the witness introduced in the county court, and it would not be proper here to enquire whether any objection could properly have been taken to him. The question is, whether, on his testimony, the jury were warranted in finding the marriage proved, which was the fact then in dispute.
It is admitted, by the attorney for the state, that in a prosecution like the one under consideration, it is necessary to prove a marriage in fact, and that reputation and cohabitation, alone, are not sufficient. It is usual to…
2Cases cited1 opinion
- Commonwealth v. LittlejohnMassachusetts Supreme Judicial Court · 1818
3Cited by9 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- State v. BridgmanSupreme Court of Vermont · 1876
- Lorimer v. LorimerMichigan Supreme Court · 1900
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- People v. PizzuraMichigan Supreme Court · 1920
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