State v. Thompson
Utah Supreme Court
Appeal from District Court, Millard Comity; Joshua Greenwood, Judge. Axel Thompson was convicted of adultery, and he appeals. APPELLANT’S POINTS. It was error to permit Tora Jensen to testify to alleged acts of sexual intercourse occurring at a time on or about the 1st day of February, 1905, a time wholly outside of the time alleged in the information.
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Appeal from District Court, Millard Comity; Joshua Greenwood, Judge. Axel Thompson was convicted of adultery, and he appeals. APPELLANT’S POINTS. It was error to permit Tora Jensen to testify to alleged acts of sexual intercourse occurring at a time on or about the 1st day of February, 1905, a time wholly outside of the time alleged in the information. (Commonwealth v. Thrasher, 77 Mass. 450; 2 Greenleaf on Evidence, sec. 47.) It was also- error to permit Tora Jensen to state that she was pregnant at the time of the tidal and in permitting her to state, the last time-that she menstruated..…
1Opinion of the CourtStraup, J.
1. The defendant' was convicted of adultery and appeals. It was alleged in the information that the defendant, a married man, “on the 13th day of February, 1905, and on divers other days and thence continually between the said 13th day of February, 1905, until the 1st day of August, 1905,” committed adultery with Tora Jensen, an unmarried woman. To this information a demurrer was filed on the grounds that no offense was alleged, and that more than one offense was charged. It is urged that instead of charging adultery there. is charged the crime of living in a state of adultery, which is not a…
2Cases cited8 opinions
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- Armstrong v. . PeopleNew York Court of Appeals · 1877
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- People v. StokesCalifornia Supreme Court · 1886
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