6 Cow. 572 | N.Y. Sup. Ct. | 1827
Curia, per
The prisoner took the goods secretly ; and no doubt with an intention to convert them to his own use; but this was done by the consent and at the solicitation of the wife, who had agreed to elope and live with him in adultery. This is urged as reducing the offence to a trespass. So far as the question depends upon authority, we are left to the conflicting opinions of commentators, without any adjudged case in point. The statute of Westm. 13 Ed. 1, c. 34, is relied on, which enacts thus: “ And of women carried away with the goods of their husbands, the king shall have the suit for the goods so taken away.” This may mean an abduction with the consent, or against the will of the wife. If it be the latter, it strikes one as singular that such a circumstance should reduce an act, which would otherwise be a felony at the common law, to a mere trespass ; and that a statute should be necessary to restore it to itsproperrank in the scale of crime. It is certainly more consistent with our present ideas on this subject, to suppose the statute an affirmance of the common law. Hale and other writers do not assert with any degree of confidence, that the consent of the wife, that the adulterer with whom
The court sentenced the prisoner to 3 years imprisonment in the state prison at the city of New- York, at hard labor.
Rule accordingly.