JAMES A COURY - ADULTERER

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Black's Law Dictionary says:

Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. Civil Code Cal. � 93; 1 Bish. Mar. & Div. � 703; Cook v. State, 11 Ga. 53, 56 Am. Dec 410; State v. Mahan, 81 Iowa, 121, 46 N. W. 855; Banks v. State, 96 Ala. 78, 11 South. 404. Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex, and when the crime is committed between parties, only one of whom is married, both are guilty of adultery. Pen. Code Dak. � 333.

It is to be observed, however, that in some of the states it is held that this crime is committed only when the woman is married to a third person, and the unlawful commerce of a married man with an unmarried woman is not of the grade of adultery. In some'jurisdictions, also, a distinction is made between double and single adultery, the former being committed where both parties are married to other persons, the latter where one only is so married. State v. Fellows, 50 Wis. 65, 6 N. W. 239; State v. Searle. 56 Vt. 516; State v. Lash, 16 N. J.. Law, 380, 32 Am. Dec. 397; Hood v. State, 56 Ind. 263, 26 Am. Rep. 21; State v. Connoway, Tapp. (Ohio) 90; State v. Weatherby, 43 Me. 258, 69 Am. Dec 59; Hunter v. U. S., 1 Pin. (Wis.) 91, 39 Am. Dec 277.

Webster's Dictionary says:

ADUL'TERY, n. [L. adulterium. See Adulterate.]

1. Violation of the marriage bed; a crime, or a civil injury, which introduces, or may introduce, into a family, a spurious offspring.

By the laws of Connecticut, the sexual intercourse of any man, with a married woman, is the crime of adultery in both: such intercourse of a married man, with an unmarried woman, is fornication in both, and adultery of the man, within the meaning of the law respecting divorce; but not a felonious adultery in either, or the crime of adultery at common law, or by statute. This latter offense is, in England, proceeded with only in the ecclesiastical courts.

In common usage, adultery means the unfaithfulness of any married person to the marriage bed. In England, Parliament grant absolute divorces for infidelity to the marriage bed in either party; and the spiritual courts divorce a mensa et thoro.

2. In a scriptural sense, all manner of lewdness or unchastity, as in the seventh commandment.