People v. Stern

<p>Abstract of the Decision.</p> <p>1. Adultery, § 5* — what evidence is essential to sustain conviction. Evidence that the accused is a married man is essential to sustain a conviction of adultery.</p> <p>2. Adultery, § 5* — what evidence is insufficient to sustain conviction. Proof of a single offense is insufficient to support a charge of adultery.</p> <p>3. Adultery, § 3* — what constitutes. In order to constitute the crime of adultery, the parties must dwell together openly and notoriously upon terms as if conjugal relations exist; they must cohabit together and there must be an habitual illicit intercourse between them.</p> <p>4. Criminal law — when MU of exceptions is sufficient. A bill of exceptions in a criminal prosecution for adultery, held sufficient as purporting to contain all of the evidence.</p> <p>5. Criminal law, § 432* — when objections or exceptions are unnecessary to preserve questions for review. Under section 81 of the Practice Act, as amended in 1911 (J. & A. i 8618), it is unnecessary that the record in a criminal case show any objections or exceptions to the finding or entry of judgment or exceptions to a ruling denying a motion to vacate the judgment in order to preserve such questions for review.</p>