State v. Smith
Supreme Court of Iowa
Appeal from Warren District Oouri. — IíoN. A. W. WiLKiN-SON, Judge. The defendant was convicted of tbe crime of adultery, •and from tbe judgment, wbicb required that be be imprisoned in tbe penitentiary at Fort Madison for a term of six months, lie appeals.-
1Opinion of the Court
RobiNsoN, O. J.
— The indictment alleges that the defendant committed the crime of adultery with Mary Worth-ley, who was at the time the wife of Herbert Worthley.
1 I. Section 4932 of the Code relates to the crime of adultery, and provides that “no prosecution therefor can be commenced except on the complaint of the husband or wife.” It is claimed that this prosecution was not commenced as required by that provision. The facts involved in the claim are as follows: During the months of October and November, 1897, Herbert Worthley and Mary Worthley were husband and wife, and lived together. At…
2Cases cited12 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- State v. MarkinsIndiana Supreme Court · 1884
- Commonwealth v. BellSupreme Court of Pennsylvania · 1895
- State v. DonovanSupreme Court of Iowa · 1883
- State v. BennettSupreme Court of Iowa · 1870
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3Cited by13 opinions
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- State v. MoreSupreme Court of Iowa · 1901
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