State v. Wallace
Superior Court of New Hampshire
Indictment against the respondent, for committing the crime of adultery with one Huldah Vittum, the wife of Amasa C. Vittum, of Sandwich, August 10, 1837. To prove the marriage of Huldah Vittum with said Amasa, the government introduced a copy from the records of Sandwich, duly certified, which is as follows : “Mr. Amasa C. Vittum, and Miss Huldah Wallace, both of Sandwich, were married January 31, 1828, by Jeremiah Furber, Justice Peace.
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Indictment against the respondent, for committing the crime of adultery with one Huldah Vittum, the wife of Amasa C. Vittum, of Sandwich, August 10, 1837. To prove the marriage of Huldah Vittum with said Amasa, the government introduced a copy from the records of Sandwich, duly certified, which is as follows : “Mr. Amasa C. Vittum, and Miss Huldah Wallace, both of Sandwich, were married January 31, 1828, by Jeremiah Furber, Justice Peace. Recorded March 31, 1828, by Charles White, Town Clerk.” There was evidence that Huldah Vittum was formerly known by the name of Huldah Wallace, and that…
1Opinion of the Court
Parker, C. I.
The evidence of the marriage was sufficient. The legislature, in requiring marriages to be recorded by the town clerk, intended the record should be evidence *517of the fact. 8 Greenl. 75, Wedgewood's case. There must be some evidence, in addition, of identity. That was furnished, in this case, by the testimony that Huidah Vittum " was formerly known as Huidah Wallace, and that she and Amasa C. Vittum had cohabited as husband and wife for several years.
The testimony respecting improper familiarities, prior to the act of adultery proved, was admissible, being in support and…
2Cited by4 opinions
- In re BlanchflowerSupreme Court of New Hampshire · 2003
- State v. EbeltSupreme Court of New Hampshire · 1981
- United States v. Michael HarvelCourt of Appeals for the Sixth Circuit · 2024
- State v. WinkleySuperior Court of New Hampshire · 1843