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State v. Taylor
June 1, 1878 - Opinion
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| June 1, 1878 | State v. Taylor Current page | Opinion | Supreme Court | Reporter |
State v. Taylor.
An unmarried man having sexual intercourse with a married woman is not guilty of fornication, but of adultery.
Indictment, lor fornication. The defendant was a single man, and the other party to the act a married woman. A motion to qnash was refused, and the defendant excepted.
Greene, solicitor, for the state.
Barnard Sf Leach, for the defendant.
Foster, J.
An unmarried man having sexual intercouse with a married woman is guilty of adultery. Gen. St., c. 256, s. 2. Adultery is committed whenever there is an intercourse from which spurious issue may arise. State v. Wallace, 9 N. H. 515, 517; Bishop on St. Crimes, s. 657; Bouv. Law Dic., Fornication. Upon the case stated, the defendant cannot be convicted of the offence charged.
Exception sustained,.
Allen, J., did not sit.