State v. Shaw
Supreme Court of Vermont
Information charging adultery. Plea, not guilty. Trial by jury at the December Term, 1913, Caledonia County, Fish, J., presiding. Yerdiet, guilty; and judgment thereon. The respondent excepted. The opinion states the case.
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Information charging adultery. Plea, not guilty. Trial by jury at the December Term, 1913, Caledonia County, Fish, J., presiding. Yerdiet, guilty; and judgment thereon. The respondent excepted. The opinion states the case. In Patterson v. Games, 6 How. 550, 589, 12 L. ed. 553, 568, Mr. Justice Wayne said: “Once the marriage is proved, nothing shall be allowed to impugn the legitimacy of the issue short of the proof of facts showing it to be impossible that the husband could be the father,” and so are the authorities. Bex v. Luffe, 8 Bast. 207, 9 Rev. Rep. 406; Adger v. Acherman, 52 C. C. A.…
1Opinion of the CourtWatson, J.
The information charges that the respondent, on, to wit, the fifteenth day of June, 1912, committed the crime of adultery with one Carrie N. Gray, then the wife of one Edwin W. Gray.
Subject to exception on the ground that it was not proper evidence of the fact, the State was permitted to show the mar*124riage of said Carrie N. Gray by the testimony of her alleged husband. The question here raised was expressly ruled the other way on the statute (P. S. 1592) in State v. Nieberg, 86 Vt. 392, 85 Atl. 769, and we see no reason for departing from that holding.
The State elected to ask for a conviction…
2Cases cited16 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Wright v. HicksSupreme Court of Georgia · 1852
- In Re the Estate of MatthewsNew York Court of Appeals · 1897
- Wright v. HicksSupreme Court of Georgia · 1854
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Little v. LoudSupreme Court of Vermont · 1942
- State v. LongSupreme Court of Vermont · 1922
- In re DexterSupreme Court of Vermont · 1919
- State v. CaplanSupreme Court of Vermont · 1927
9 more not listed; retrieve them via the Exa API.