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48 Ala. 269

Quartemas v. State

Supreme Court of Alabama

Decided June 15, 1872

Supreme Court of Alabama · decided 1872-06-15

Tried before Hon. M. J. Saeeold. This was a prosecution against the appellants for living together in adultery or fornication, commenced before the criminal court of Dallas county, and resulting in their conviction. The defendants appealed to the circuit court. In the circuit court tjhere was a jury trial, on a statement signed by the solicitor, and the parties were again convicted.

Relies on Collins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1872-06-15

How this case has been cited

Cited by 4 later decisions — most recently October 2002

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PECK, C. J.

¶1I have examined the record and bill of exceptions in this case, and find but one available error, and that consists in the refusal of the court to give the first charge asked by the defendants. Taken in connection with the evidence, this charge should have been given. Occasional acts of criminal intimacy do not make out the offense named in the statute. — Collins v. The State, 14 Ala. 608. The parties accused must five together in adultery or fornication, or at least the conduct of the parties must be of such a character as to become, openly, an evil example — an outrage upon decency and morality. In the ease of Collins v. The State, supra,it is decided that a married man who visits and remains with his paramour one night in every week, and sometimes óftener, for seven months, at her residence, but half a mile from his own house, is guilty *272of living in. adultery witliin the meaning of the statute. This is going quite as far as any reasonable interpretation of the words of the statute will permit.

¶2Let the judgment be reversed, and the cause remanded for another trial.

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