State v. Corliss
Supreme Court of Iowa
Appeal from Buchanan District Court. — Hon. J. L. Husted, Judge. Indictment charging the defendant with unlawfully and burglariously breaking and entering a certain dwelling house in the night time “with the intent then and there to commit a public offense, to-wit, the crime of adultery.” There was a demurrer to the indictment upon the ground that adultery is not a public offense. The demurrer was sustained, and the state appeals.
1Opinion of the CourtGiven, J.
I. Section 3891 of the Code, under which this indictment was found, provides as follows: “If any person break and enter any dwelling house in *19•the night time, with intent to commit any public offense, -*■ * * he shall be deemed guilty of burglary, and shall be punished according to the aggravation of the offense, as provided in the next two sections.” The question raised by the demurrer is whether adultery is a public offense, within the meaning of that section,— a question that finds ready answer, we think, in other sections of the Code. Section 4008 declares adultery to be a crime…
2Cases cited2 opinions
- State v. BennettSupreme Court of Iowa · 1870
- State v. CooperSupreme Court of Vermont · 1844
3Cited by7 opinions
- Newburn v. StateMississippi Supreme Court · 1967
- State v. StevensonOregon Supreme Court · 1920
- State v. ClemensonSupreme Court of Iowa · 1904
- State v. RonekSupreme Court of Iowa · 1970
- State v. SmithSupreme Court of Iowa · 1899
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