Legal Opinion

State v. Hazen

Supreme Court of Iowa

Decided October 23, 1874PublishedCited by 11 opinions

Appeal from Polk District Court. Two indictments were presented against the defendant, one charging him with adultery on divers days and times, between the first day of August, 1873, and the first day of March, 1874, with one Amanda P. Russell; the other charging him with the same crime, during the same period, with one Polly M. Russell. The defendant was convicted, and appeals. The same questions are involved in both cases.

1Opinion of the CourtDay, J.

i criminal eryTtest\-n" mony of wife, I. Upon the trial of the cause the wife of the defendant was admitted to prove the fact of his adultery. It ^ m’ged that the admission of her testimony was erroneous. In State v. Bennett, 31 Iowa, 24, this question was considered, and was determined adversely to appellant. We see no reason for reconsidering or departing from the views there expressed.

2.--: —: ■ Sage.of mai II. It is next urged that the court erred in admitting parol evidence of the marriage of the defendant. It is claimed that record evidence of the marriage is alone admissible. The wife…

2Cases cited2 opinions

  1. State v. WilliamsSupreme Court of Iowa · 1865
  2. State v. BennettSupreme Court of Iowa · 1870

3Cited by11 opinions

  1. Hills v. StateNebraska Supreme Court · 1901
  2. State v. ChambersSupreme Court of Iowa · 1893
  3. Chamberlain v. StateWyoming Supreme Court · 1960
  4. Puth v. ZimblemanSupreme Court of Iowa · 1896
  5. State v. HubbsSupreme Court of Iowa · 1978

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