State v. Andrews
Supreme Court of Iowa
Appeal from, Dallas District Court. — Hon. J. H. Apple-gate, Judge. The defendant was indicted and put upon trial for the crime of adultery. At the conclusion of the evidence for the state, the court, on motion of the defendant, directed a verdict for the defendant. The state appeals.
1Opinion of the CourtGiven, C. J.
I. Section 4008 of the Code provides that “no prosecution for adultery can be commenced but on the complaint of the husband or wife.” This indictment charges that defendant was a married man at the time he committed the alleged crime, and that it was committed with an unmarried female, but d!oes not allege that this prosecution was commenced on the complaint of the defendant’s wife. On the trial the state offered in evidence the preliminary information, 'which was signed and sworn to by defendant’s wife. The defendant objected, upon the ground that it was not alleged in the indictment that…
2Cases cited5 opinions
- State v. DonovanSupreme Court of Iowa · 1883
- Baldwin v. LoweSupreme Court of Iowa · 1867
- State v. MahanSupreme Court of Iowa · 1890
- State v. MaasSupreme Court of Iowa · 1891
- Bush v. WorkmanSupreme Court of Iowa · 1884
3Cited by7 opinions
- State v. StevensonOregon Supreme Court · 1920
- State v. HarmannSupreme Court of Iowa · 1907
- People v. IshamMichigan Supreme Court · 1896
- State v. AndersonSupreme Court of Iowa · 1908
- State v. AylesOregon Supreme Court · 1914
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