Bush v. Workman
Supreme Court of Iowa
Appeal from an order of Hon. G. H. Travese, Judge of the Circuit Court of the Second Judicial District. Habeas corpus. The plaintiff was committed by a justice of the peace to answer before the grand jury for the crime of adultery, presented in an information filed against him before the justice.
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Appeal from an order of Hon. G. H. Travese, Judge of the Circuit Court of the Second Judicial District. Habeas corpus. The plaintiff was committed by a justice of the peace to answer before the grand jury for the crime of adultery, presented in an information filed against him before the justice. He was, upon his own petition, brought before the circuit judge, and, upon the overruling of a demurrer to the answer of defendant, no evidence other than the pleadings having been submitted, he was remanded to the custody of defendant. Plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The information against plaintiff was filed with the justice by the husband of the woman with whom plaintiff is alleged to have committed the crime. It is not shown therein, or in any other manner, that the wife of plaintiff, he being a married man, commenced the prosecution, or that she authorized, sanctioned or approved of it. These facts are shown by the answer of defendant, a demurrer to which was overruled by the circuit judge.
II. Code, § 4008, provides that “no prosecution for adultery can be commenced but on the complaint of the husband or wife.” It canriot be doubted that the words…
2Cases cited1 opinion
- State v. BaldySupreme Court of Iowa · 1864
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