State v. Bisbee
Supreme Court of Vermont
Indictment for adultery. Plea, not guilty. Trial by jury at the December Term, 1902, Addison County, Haselton, J., presiding. Verdict, guilty. Respondent’s motion in arrest of judgment overruled. Judgment on verdict. The respondent excepted. The indictment should have charged that the woman was either married or unmarried. State v. Searle, 56 Vt. 516. The indictment does not charge that the particeps was a woman.
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Indictment for adultery. Plea, not guilty. Trial by jury at the December Term, 1902, Addison County, Haselton, J., presiding. Verdict, guilty. Respondent’s motion in arrest of judgment overruled. Judgment on verdict. The respondent excepted. The indictment should have charged that the woman was either married or unmarried. State v. Searle, 56 Vt. 516. The indictment does not charge that the particeps was a woman. Crawford v. Slye, 4 Cranch, 457; LaMotte v. Archer, 4 E. D. S. (N. Y.) 46; 21 Ene. Law, 312. The omission of the word “feloniously” is fatal. 1 Bish. Grim. Pro., 534; Heard’s Cr.…
1Opinion of the CourtWatson, J.
The respondent was tried- and convicted of the crime of adultery. After verdict and before judgment, he moved in arrest of judgment for that, among other things, the indictment contains no allegations showing whether the particeps criminis was or was not an unmarried woman. Upon an exception to the overruling of this motion, the case is here.
To be guilty of the crime of adultery, under the provisions of V. S. 5055, a man must have sexual connection with a married woman other than his wife; and to constitute the crime under V. S. 5056, a married man must have sexual connection, with an…
2Cases cited2 opinions
- Baker v. Sherman & MillerSupreme Court of Vermont · 1901
- State v. SearleSupreme Court of Vermont · 1884
3Cited by2 opinions
- State v. EatonSupreme Court of Vermont · 1918
- State v. BigelowSupreme Court of Vermont · 1915