187 A. 381 | Vt. | 1936
This respondent was acquitted of the charge of adultery, but convicted of being found in bed with another woman's husband under the circumstances specified in P.L. 8602.
There was direct and positive evidence against her, and it tended to show that her occupancy of the same bed with Fred Hall was a part of the regular routine of their household. So the verdict was justified and the motion to set it aside was properly overruled.
The information charged that the offense of which the respondent was convicted was committed on February 1, 1935. Subject to her exception, evidence was admitted tending to show that she was seen in bed with Hall on various occasions several weeks prior to the date so specified. No error resulted. Time is not of the essence of the crime here in question, and the allegation of a particular date does not restrict the evidence to that date; and a conviction may be had for an offense committed on any date prior to the one alleged, provided it is within the statutory period of limitations. State v. Whipple,
The court charged the jury as follows: "It is not necessary, in order to constitute this offense, that the respondent should have sexual intercourse with her companion; it is not necessary that you should find even that she actually had the intention to do so; it is enough if the two were found in bed together under such circumstances as would afford a presumption that they had that intention." To this instruction, the respondent excepted.
It is established that in cases where a certain evil intent accompanying an act is necessary to make that act a crime, such intent must be alleged in the indictment or information, and must be proved. State v. Wilson,
The respondent excepted "severally" to "the failure of the court to charge as requested in her requests to charge, submitted before argument, numbered one to twelve, both inclusive." That such exceptions are too general to be availing was made plain by Haselton, J., in In re Bean's Will,
The respondent has brought a petition for a new trial based upon evidence alleged to be newly discovered. This evidence is impeaching in character, only; and that kind of new evidence does not, ordinarily, afford a proper basis for a new trial. Campbell
v. Hyde, 1 D. Chip., 65, 71; Lawson v. Crane Hall,
Exceptions overruled and judgment affirmed. Let execution bedone. Petition for new trial dismissed.