Wright v. State

Decided July 2, 1840

Indiana Supreme Court · decided 1840-07-02

<p>An indictment for living in open and notorious adultery, &c., is not sustained by evidence of occasional illicit intercourse, &c.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1840-07-02

How this case has been cited

Cited by 4 later decisions — most recently April 1909

4 state decisions

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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Sullivan, J.

¶1The defendant was indicted for living in open and notorious adultery with a certain woman, &c. *359Plea, not guilty. On the trial, the ju^Bpund the defendant guilty. Motion for a new trial overruHl, and judgment on the verdict.

J. Pitcher, for the plaintiff.W. J. Peaslee, for the state.

¶2The testimony did not prove a “living together” as is required by the statute, but simply, if it proved any thing, an occasional illicit intercourse between the defendant and the woman named in the -indictment. The offence consists in an open and notorious cohabitation, and unless it be of that character, it is not indictable.'

Per Curiam.

¶3The judgment is reversed, and the verdict set aside, with costs. Cause remanded, &c.