State v. Davis

The question for decision is whether statements or declarations of one paramour may be used against the other in a prosecution for fornication and adultery. The answer is to be found in the character and content of the statements or declarations. If they contain or amount to admissions or confessions of guilt, to that extent they are inhibited by the statute. Otherwise and if otherwise competent, they may be given or received in evidence.

The statute forbidding fornication and adultery, G.S. 14-184, is couched in the following language:

“If any man and woman, not being married to each other,…