State v. . Rinehart

Citations

• 11 S.E. 512
• 106 N.C. 787

Syllabus

<p>Fornication and Adultery — Evidence.</p> <p>1. Where the offence charged in the indictment is & joint one — as fornication and adultery — if one of the parties, on the joint trial, be acquitted, or if one has been previously acquitted on a separate trial, there can be no conviction of the other.</p> <p>2. /While the admissions or confessions of one defendant in an indictment j for fornication and adultery are competent against the person so \\ making them, they are not to be received against the co-defendant; \\ but, on a joint trial, it is not error to admit evidence of such con- \\ fessions, where the jui'y is instructed that they can only be con’'¡S^dered in determining the guilt of the person making them.</p> <p>S. Where there was evidence tending to show that the feme defendant resided on the land of the male defendant, and in a house erected by him for her; that he was married and she was single; that they were frequently seen together under suspicious circumstances; that while living on his land she gave birth to a bastard child, and that he became her bail upon an indictment for fabrication and adultery with him: Held, there was sufficient evidence, if believed, to justify a verdict of guilty. •</p>