Legal Opinion

State v. Roberts

Wisconsin Supreme Court

Decided June 25, 1919PublishedCited by 2 opinions

Error to review a judgment of the municipal court of Milwaukee county: E. B. Belden, Judge. The defendant in error was convicted in the district court of Milwaukee county of the crime of fornication with a single female, upon two counts.

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Error to review a judgment of the municipal court of Milwaukee county: E. B. Belden, Judge. The defendant in error was convicted in the district court of Milwaukee county of the crime of fornication with a single female, upon two counts. From such conviction and judgment he appealed to the municipal court of Milwaukee county, where, before any proceedings were had, he filed a special plea in bar to the effect that he was a married man, and that if any offense was committed by the defendant, as alleged in the complaint, such offense was and is the offense of adultery, as such offense is…

1Opinion of the CourtOwen, J.

The single question presented is whether, under our statutes, a married man who has illicit intercourse with a single female is guilty of the crime of fornication. Sec. 4580, Stats., provides:

“Any man who commits fornication with a sane single female over the age of sixteen years, each of them shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding one hundred dollars, or by both such fine and imprisonment. Any man who commits fornication with a sane female of previous.chaste character under the age of twenty-one years shall be punished by…

2Cases cited2 opinions

  1. State v. FellowsWisconsin Supreme Court · 1880
  2. Hunter v. United StatesWisconsin Supreme Court · 1840

3Cited by2 opinions

  1. State v. BrooksWisconsin Supreme Court · 1934
  2. Wagner v. StateWisconsin Supreme Court · 1935

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