State v. Scott
Oregon Supreme Court
Appeal from Lane: J. C. Fullerton, Judge. The defendant, Duncan Scott, an unmarried man, having been indicted, tried, and convicted of the crime of adultery, committed in Lane County with one Louisa Babb, wife of A. J. Babb, was sentenced to imprisonment in the penitentiary for the term of one year. From this judgment the defendant appeals, and assigns as error the denial by the court of his request that it instruct the jury to find a verdict of acquittal.
1Opinion of the Court
Opinion by
Mr. Justice Moore.
It is disclosed by the bill of exceptions that Louisa Babb, the person with whom the adultery is claimed to have been committed, testified, as a witness for the state, over the defendant’s objection, that, on July twelfth, eighteen hundred and ninety-four, concluding to abandon her husband, she engaged one Sid Horn to come to her house after her clothing, which he did on the following day; that she left her home in his company about eleven o’clock in the forenoon, and, after going a short distance met, without any previous agreement, the defendant, whom she did not…
2Cases cited4 opinions
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1879
- State v. JarvisOregon Supreme Court · 1890
- State v. TownsendOregon Supreme Court · 1890
- State v. OdellOregon Supreme Court · 1879
3Cited by21 opinions
- People v. CoffeyCalifornia Supreme Court · 1911
- State v. O'DonnellOregon Supreme Court · 1900
- State v. WillsonOregon Supreme Court · 1925
- State v. EgglestonOregon Supreme Court · 1904
- State v. ReynoldsOregon Supreme Court · 1938
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