Boice v. State
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Dick Boice, alias, etc., was convicted of living in adul- tery, and he appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Dick Boice, alias, etc., was convicted of living in adul- tery, and he appeals. The facts failed to show a living together in such a sense as to constitute adultery. — 1 Mayfield, 21. The court erred in refusing-charge F. — Hall v. The Slate, 88 Ala. 236; 3 Wharton, 2239. Charge G- should have been given. — 1 May., 21. The court properly refused charge B requested by defendant. — Wright v.- The State, 108 Ala. 60; Smith v. The State, 86 Ala. 77. There was evidence tending to show guilt and the affirmative charge could not…
1Opinion of the CourtPelham, J.
It is well settled in this state that a single act, or occasional acts, not indicating a prearranged continuation of the illicit conduct, would not be a living together within the meaning of the statute (Code, § 6221), but the nature of the offense is such that it is difficult of direct proof, and on this account it has been held that when acts and complicating- circumstances are proved, it becomes largely a question for the jury to determine whether there was in fact such continuation as amounted to a living together, or the equivalent, a mutual guilty consent, express, or that can be…
2Cases cited7 opinions
- Carl v. StateSupreme Court of Alabama · 1899
- Bodiford v. StateSupreme Court of Alabama · 1888
- Granison v. StateSupreme Court of Alabama · 1897
- Hill v. StateSupreme Court of Alabama · 1869
- McCullough v. StateSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Colston v. StateCourt of Criminal Appeals of Alabama · 1975
- Miller v. StateAlabama Court of Appeals · 1958
- Powell v. StateCourt of Criminal Appeals of Alabama · 1974
- Breedlove v. StateAlabama Court of Appeals · 1967
- Rogers v. StateAlabama Court of Appeals · 1917
3 more not listed; retrieve them via the Exa API.