Supreme Court of New Hampshire Merrimack.
Decided June, 1878.
An unmarried man having sexual intercourse with a married woman is not guilty of fornication, but of adultery.
INDICTMENT, for fornication. The defendant was a single man, and the other party to the act a married woman. A motion to quash was refused, and the defendant excepted.
Greene, solicitor, for the state.
Barnard Leach, for the defendant.
FOSTER, J.
An unmarried man having sexual intercourse with a married woman is guilty of adultery. Gen. St., c. 256, s. 2. Adultery is committed whenever there is an intercourse from which spurious issue may arise. State v. Wallace, 9 N.H. 515, 617; Bishop on St. Crimes, s. 657; Bouv. Law Dic., Fornication. Upon the case stated, the defendant cannot be convicted of the offence charged.
Exception sustained.
ALLEN, J., did not sit.