Legal Opinion

State v. Glaze

Supreme Court of Alabama

Decided January 15, 1846PublishedCited by 13 opinions

Questions referred as novel and difficult, by tbe Circuit Court of Tuskaloosa. The defendant, Glaze, was indicted at the fall term, 1843, for living in adultery with one Cynthia Gage. The charge in the indictment is, “.that Thomas Glaze and Cynthia Gage, late of the county aforesaid, on the 10th day of September, 1843, in the county aforesaid, did live together in adultery.”

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Questions referred as novel and difficult, by tbe Circuit Court of Tuskaloosa. The defendant, Glaze, was indicted at the fall term, 1843, for living in adultery with one Cynthia Gage. The charge in the indictment is, “.that Thomas Glaze and Cynthia Gage, late of the county aforesaid, on the 10th day of September, 1843, in the county aforesaid, did live together in adultery.” At the trial, the defendant, Glaze, only, being on trial, he .moved .to quash the indictment, which motion was overruled. He then pleaded not guilty, and in the course of the trial, amongst other matters, the State…

1Opinion of the CourtGoldthwaite, J.

1. This case requires but the citation of other adjudications to dispose of it. If the correctness of the indictment was a question, referred, which seems not to have been done, the decision made in Hinton’s case, 6 Ala. Rep. 864, is conclusive. We there held, that the term adultery, was the illicit commerce of two persons of different sex, one of those being married to another person. Our sta*285tute uses the terms “ who shall live together in adultery,” but we see no reason to suppose they could avoid a conviction for this specific offence, if the connection had only existed for one day. The…

2Cases cited1 opinion

  1. State v. HintonSupreme Court of Alabama · 1844

3Cited by13 opinions

  1. Coleman v. ColemanSupreme Court of Alabama · 1916
  2. Brown v. StateSupreme Court of Alabama · 1895
  3. Stephens v. StephensSupreme Court of Alabama · 1936
  4. Hall v. StateSupreme Court of Alabama · 1875
  5. McLeod v. StateSupreme Court of Alabama · 1860

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