Legal Opinion

Tomlinson v. People

Appellate Court of Illinois

Decided July 2, 1902Published

Indictment, for living in an open state of adultery. Error to the Criminal Court of Cook County; the Hon. Abner Smith, Judge presiding,

1Opinion of the CourtJustice Waterman

The third count of the indictment in this case, which appellant has not abstracted, is full and complete even under the strictness of the common law as to indictments. State v. Hutchinson, 36 Me. 261.

It is not necessary that the offense should be proven to have been committed upon the very day alleged. Commonwealth v. Cobb, 14 Gray (Mass.), 57.

It being conceded that the defendant Tomlinson was a married man, proof of his married state was unnecessary.

The defendants were indicted, not for adultery, but for living in an open state of adultery; it was therefore necessary to a conviction that the…

2Cases cited3 opinions

  1. Searls v. PeopleIllinois Supreme Court · 1852
  2. Miner v. PeopleIllinois Supreme Court · 1871
  3. State v. HutchinsonSupreme Judicial Court of Maine · 1853

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