State v. Nelson

Citations

• 39 Wash. 221
• 81 P. 721
• 1905 Wash. LEXIS 847

Syllabus

<p>Criminal Law—Adultery—Information—Erroneous Designation of Offense—Living in a State of Adultery. An information plainly charging the offense of living in a state of adultery, is not defective on account of a recitation erroneously designating the offense as the crime of adultery, which is not punishable under our statutes.</p> <p>Same—Certainty. An information is not uncertain in that it may charge the offenses of adultery, living in a state of adultery, cohabitation, or lewdness, when the intent to charge the offense of living in a state of adultery is plain to a person of common understanding.</p> <p>Same. Such an information is not bad for duplicity.</p> <p>Same—Parties Defendant. In a prosecution for living in a state of adultery, it is not necessary to join the alleged paramour as a defendant.</p> <p>Same—Certainty as to Time. An information for living in a state of adultery, charging the commission of the crime between certain dates, is not uncertain as to time.</p> <p>Criminal Law—Orders-—Recitals—Copy of Information. An order of arraignment reciting the delivery of a copy of the information cannot be contradicted by ex parte affidavits.</p> <p>Same—Adultery—Evidence of Previous Acts. In a prosecution for living in a state of adultery, the conduct of the parties previous to the date charged may be shown.</p> <p>Same—Marriage of Paramour—Harmless Error. In a prosecution for living in a state of adultery, the state has a right to prove the marriage of the alleged paramour and the absence of her husband, as part of the surrounding circumstances; and if the marriage was immaterial, it was not prejudicial.</p> <p>Same — Adultery of Paramour — Birth of Child — Harmless Error. In a prosecution for living in a state of adultery with a married woman, it is competent for the state to prove that she gave birth to a child more than twenty months after she had seen or cohabited with her husband, as one step toward proving the ultimate fact of adultery with the accused