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.