Adultery

Adultery is the voluntary ‘sexual intercourse of a married person witha person other than the offender’s husband or wife, Civil Code Cal. § 93; 1 Bish. Mar. & Div. § 703; 6 Mete. 243; 36 Me, 261; 11 Ga. 56, Adultery igs the unlawful voluntary sexual intercourse cf a married person with one of ‘the opposite sex, and when the crime is committed between parties, only one of whom is married, both are guilty of adultery. Pen. Code Dak. § 383. {t ia to be observed, however, that in some of the states it is held that this crime is coma married man with an unmarried woman is not of the grade of aduitery, In some jurisdictions, also, a distinction is made belween double and single adultery, the former being committed where both parties are married to other persons, the latter where one only is so married.