State v. Searle
Supreme Court of Vermont
Indictment charging adultery. Heard on demurrer,’ April Term, 1883, Koycr, Ch. J., presiding. Demurrer overruled, and cause passed to the Supreme Court.
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Indictment charging adultery. Heard on demurrer,’ April Term, 1883, Koycr, Ch. J., presiding. Demurrer overruled, and cause passed to the Supreme Court. The indictment alleged that the “ said Chester W. Searles then and there being a married man and having a lawful wife then living, to wit,-did then and there commit the crime of adultery with a woman known and called-, by then and there having carnal knowledge of the body of the said-, she, the said - then and there not being the. wife of the said Chester W. Searles.” cited State v. Armstrong, 4 Minn. 335; State v. Lash, 16 N.. J. 380; State…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The first question raised by the demurrer is, whether criminal intercourse between a married man and a single or unmarried woman is adultery in the man. The authorities are conflicting upon this point. Those cited by the State hold one way; those by the respondent the other. So far as this difference exists in reported cases it may have grown out of a difference in statutory provisions; not in statutory definitions of adultery as those are rarely if ever found; butin provisions that indicate the legislative view, and control the judicial and…
2Cases cited2 opinions
- State v. ArmstrongSupreme Court of Minnesota · 1860
- State v. BrownSupreme Court of Vermont · 1877
3Cited by7 opinions
- State v. ClarkSupreme Court of Vermont · 1910
- State v. LingSupreme Court of Kansas · 1914
- State v. EatonSupreme Court of Vermont · 1918
- State v. BigelowSupreme Court of Vermont · 1915
- State v. BisbeeSupreme Court of Vermont · 1903
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