State v. Bates
Supreme Court of Connecticut
This was an information for the crime of adultery. The information, consisting of a single count, alleged, that at Vol-untown, on the 23rd of January., 1834, Sybil Bates, then being the lawful wife of Silas Bates, feloniously suffered and permitted William Eldridge, to have carnal knowledge of her body, against the peace, &c.
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This was an information for the crime of adultery. The information, consisting of a single count, alleged, that at Vol-untown, on the 23rd of January., 1834, Sybil Bates, then being the lawful wife of Silas Bates, feloniously suffered and permitted William Eldridge, to have carnal knowledge of her body, against the peace, &c. The prisoner pleaded Not guilty; and on that plea the cause was tried, at Brooklyn, January term, 1834. The attorney for the state called one Joseph Cory, who testified, that in September, 1833, he saw the prisoner in bed with William Eldridge, where she remained from…
1Opinion of the CourtBissell, J.
The only question in this case, regards the admissibility of the evideuce offered on the part of the state. The information charges but one offence, and that in a single count. Is the state, under such an information, confined to a single offence, in the proof ? Or may the prosecutor, having given evidence of one act of adultery, still be permitted to introduce proof of any number of acts, committed, indeed, with the same person, but at different places, and at different times ? I do not see upon what principle such a claim can be supported. It is, obviously, opposed to the usual course of…
2Cited by16 opinions
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- Hubby v. United StatesCourt of Appeals for the Fifth Circuit · 1945
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