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9 Ala. 283

State v. Glaze

Supreme Court of Alabama

Decided January 15, 1846

Supreme Court of Alabama · decided 1846-01-15

Questions referred as novel and difficult, by tbe Circuit Court of Tuskaloosa. The defendant, Glaze, was indicted at the fall term, 1843, for living in adultery with one Cynthia Gage.

Good law ✅— No negative treatment on recordhow we know

Decided 1846-01-15

How this case has been cited

Cited by 11 later decisions — most recently November 1936

1 federal appellate · 10 state decisions

201846185018601870188018901900191019201930decided

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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GOLDTHWAITE, J.

¶11. This case requires but the citation of other adjudications to dispose of it. If the correctness of the indictment was a question, referred, which seems not to have been done, the decision made in Hinton’s case, 6 Ala. Rep. 864, is conclusive. We there held, that the term adultery, was the illicit commerce of two persons of different sex, one of those being married to another person. Our sta*285tute uses the terms “ who shall live together in adultery,” but we see no reason to suppose they could avoid a conviction for this specific offence, if the connection had only existed for one day. The living together m this condition is a question of fact for the jury, and it is evident the offence is complete whenever the facts are demonstated.

¶22. The only object in stating the names, either of an injured party, or of those connected with the offence committed, is to enable the jury to identify the crime, or person; and it is said to be a sufficient description, if it be impossible to mistake the one described for another. [Chitty C. L. 215.]

¶3In the case at bar, it was material only to ascertain if the crime charged, was committed by the persons- named, and this being established, it was unimportant that the one or the other was sometimes known by some other name, if, in point of fact, the one used in the indictment was ever recognized, or applied to the party.

¶4There is no error in any aspect of the case, and the judgment of the court is therefore affirmed.

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