Commonwealth v. Cregor

Decided June 15, 1850

General Court of Virginia · decided 1850-06-15

Elizabeth Cregor was indicted for adultery with James Cole, in the Circuit court of Wythe county, at the April term of the Court for 1849. On the trial, the jury rendered the following verdict: “ We find upon the evidence of one credible witness that the defendant is a married woman: That within twelve months previous to the finding this indictment, she habitually bedded with James Cole in the indictment mentioned, as man and wife, the said Cole not being her husband.

Decided 1850-06-15

Leigh, J.

¶1delivered the opinion of the Court.

¶2The Court is of opinion and doth decide, first, that so much of the 6th section of the act for the effectual suppression of vice and punishing the disturbers of religious worship and Sabbath breakers, 1 Rev. Code, p. 555, as makes the oath of two credible witnesses necessary to a conviction in cases of adultery and fornication, is repealed by the 2d section of the 27th chapter of the Criminal Code, Sess. Acts 1847-48, page 164. And secondly, that judgment ought to be rendered on the special verdict in favour of the Commonwealth for the fine assessed by the jury. Which is ordered to be certified, &c.