Miner v. People

Citations

• 58 Ill. 59

Syllabus

<p>1. Adultery—proof of. The statutory crime of adultery can not be proved by a single act, or even a number of acts, of illicit intercourse. The statute requires an “ open state of adultery.” The living together must be open and notorious, as if the relation of husband and wife existed, and the illicit intercourse habitual.</p> <p>2. Adultery is illicit intercourse between a married person and one of the opposite sex, whether married or single, and to sustain the charge there must be proof of actual and not reputed marriage.</p> <p>3. Witness—competency of to prove charge of adultery. Where a married woman is tried for the crime of adultery, it is error to permit her husband to testify for or against her, nor has the statute of 1867 altered the rule.</p>