Brown v. State
Supreme Court of Alabama
Appeal from Baldwin Circuit Court. Tried before Hon. W. S. Anderson. The defendant Nicholas Brown, was tried and convicted of living in a state of adultery or fornication with Caroline Barado. The evidence of one Pose, for the State, was to the effect that the defendant and Caroline Barado, accompanied by two children of the latter, left the wharf of the witness in Baldwin county, sailing in the direction of Mobile, in a boat of the defendant, which had a cabin on it.
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Appeal from Baldwin Circuit Court. Tried before Hon. W. S. Anderson. The defendant Nicholas Brown, was tried and convicted of living in a state of adultery or fornication with Caroline Barado. The evidence of one Pose, for the State, was to the effect that the defendant and Caroline Barado, accompanied by two children of the latter, left the wharf of the witness in Baldwin county, sailing in the direction of Mobile, in a boat of the defendant, which had a cabin on it. Defendant’s motion to exclude, and objections to this evidence were overruled. The next witness for the State, testified that…
1Opinion of the CourtBkickell, C. J.
Adultery, “the voluntary sexual intercourse of a married person with one not the husband or wife,” is not the offense, but an element or constituent of the offense, the statute renders indictable.— Cr. Code, § 4012. As has been often explained, the statute is directed against a state or condition of cohabitation, the parties intend to continue so long as they may choose, as distinguished from a single, or occasional act of illicit sexual intercourse. This state or condition may well be assumed in a single day, if the parties so design, as any other state or condition may be so assumed. If for…
2Cases cited8 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Lawson v. StateSupreme Court of Alabama · 1852
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
- Miles v. StateSupreme Court of Alabama · 1877
- McKleroy v. StateSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Pickens v. StateSupreme Court of Alabama · 1896
- Amos v. StateSupreme Court of Alabama · 1898
- Marion v. DavisSupreme Court of Alabama · 1927
- Williams v. StateCourt of Criminal Appeals of Alabama · 1979
20 more not listed; retrieve them via the Exa API.