ADULTERY - Black's Law Dictionary

What is ADULTERY? Definition of ADULTERY in Black's Law Dictionary

Voluntary sexual intercourse of a married person with a person other than the of- fender's husband or wife. Franzetti v. Franzetti, Tex.Civ.App., 120 S.W.2d 123, 127.

In some states, however, as was also true under the Ro- man and Jewish law, this crime is committed only when the woman is married to a third person ; the unlawful com- merce of a married man with an unmarried woman not being of the grade of adultery. Corn. v. Call, 21  Pick. Mass. 509, 32 Am.Dec. 284, and note; Com. v. Elwell, 2 Metc. 190, 39 Am.Dec. 398. In other jurisdictions, both parties are guilty of adultery, even though only one of them is married. Goodwin v. State, 70 Tex.Cr.R. 600, 158 S. W. 274, 275. In some jurisdictions, also, a distinction is made between double and single adultery, the former being committed where both parties are married to other per- sons, the latter where one only is so married. Hunter v. U. S., 1 Pin.Wis. 91, 39 Am. Dec. 277.

Open and Notorious Adultery
To constitute living in open and notorious adul- tery, the parties must reside together publicly in the face of society, as if conjugal relations existed between them, and their so living and the fact that they are not husband and wife must be known in the community. McCullough v. State, 107 Tex.Cr.R. 258, 296 S.W. 530.

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