State v. Smith
Supreme Court of Iowa
Appeal from Warren District Oouri. — IíoN. A. W. WiLKiN-SON, Judge. The defendant was convicted of tbe crime of adultery, •and from tbe judgment, wbicb required that be be imprisoned in tbe penitentiary at Fort Madison for a term of six months, lie appeals.-
1DissentDebMee, J.
6 (dissenting). — If Mary Worthley, instead' of remarrying her former husband, had contracted a second marriage with some other person before the commencement of the prosecution, who could or should have made the conn plaint? The majority opinion does not squarely answer this problem. And yet I think the fair inference is that the first husband, although divorced, may commence the prosecution. This is not, in my judgment, a proper construction of' the statute. It is the husband or wife of the injured person at the time the prosecution is commenced who. must make this complaint. Such is the…
2Cases cited5 opinions
- State v. BennettSupreme Court of Iowa · 1870
- State v. RothSupreme Court of Iowa · 1864
- State v. RussellSupreme Court of Iowa · 1894
- State v. CorlissSupreme Court of Iowa · 1892
- State v. OdenSupreme Court of Iowa · 1896