Adultery

* Criminal intercourse between a married person and one of the opposite sex whether married or single. * Sexual connection between a married woman and an unmarried man or a married man other than her own husband.' At common law adultery cannot be committed with a single woman. The child of such is fiiius nullius, possesses no inheritable blood, and cannot therefore be imposed as a legitimate heir upon a husband, for the mother has no husband, and cannot consequently occasion an adulteration of issue. The heinousness of the offense, by that law, consists in exposing an innocent husband to the maintenance of another man's child and to having it succeed to his estate. For the offense there lay, not an indictment, but a civil action for damages for the private wrong. ^ By the civil law adultery could only be committed by the unlawful sexual intercoiu-se of a man with a married woman. In the English ecclesiastical courts the offense is (or was) established by showing that the husband has had illicit intercourse with a married or an unmarried female. ° •Eckford v. Knox, 67 Tex. 804 (1886), cases, Willie, C. J. See also Barnhizel v. Ferrell, 47 Ind. 338 (1874); 14 Am. Law Reg. 683-84 (1875), cases; 1 South. Law Eev.TO-85 (18(5), cases; 3 Cent. Law J. 397 (1876). 2 L. adultu Sf grown up. s George v. State, 11 Tex. Ap. 95 (1881). Compare Bell V. State, id. (1885): 21 Cent. Law J. 321, cases. • People V. Tauerback, 5 Park. Cr. 311 (1864); 132 Mass. 11-14; 2 Q. B. D. 530. See generally " Adulteration of Food," 22 Am. Law Eev. 95-106 (1888), cases. • L. adulterare^ to make impure, corrupt. • Miner v. People, 58 III. 60 (1871). ' Hood V. State, 56 Ind. 271-74 (1877); 27 Minn. 300. 'State V. Lash, 16 N. J. L. 384-90 (1833); State v. Wallace, 9 N. H. 517 (1838); Matchin v. Matchln, 6 Pa. To sustain the qharge there must be proof of actual mari'iage. Reputation and cohabitation ({?. v.) are not enough; there must be strict proof of the fact." In allegations for divorce, although presumptive evidence alone is sufficient to establish the fact of adulterous intercourse, the circumstances must lead to it not only by fair inference but as a necessary conclusion; appearances equally capable of two interpretations, one of them innocent, will not justify the presumption of guilt. Evidence simply showing full and frequent opportunity for illicit intercourse is not alone sufi Scient.^ " Living in adultery " means living in the practice of adultery. 2 It is- not necessary that the parties live together in the same house continually, as man and wife. An habitual illicit intercourse between them, though living apart, constitutes the offense.* Adulterine. Children begotten in adultery. See Bigauy; Condone; Conversation, 1; Divorce; Polygamy.