
    Commonwealth v. Lafferty.
    1849. December Term.
    
    
      ^ intercourse between an unmarried man and a married woman, is fornication in the man.
    This was an indictment in the Circuit court of Fayette county against William Lafferty. The indictment charged that Lafferty, a single man, (and not being a servant or slave,) on &c. and at &c. did carnally know and have illicit intercourse and connexion with a certain Sabina M’Craw, a married woman, and did then and there commit fornication with her &c.
    The defendant demurred to the indictment, and the Court, with his consent, adjourned to this Court the questions:
    1. Whether the act of unlawful sexual intercourse charged in the indictment between the two persons therein named, one of whom is alleged to have been at the time a married person, constitutes the offence of adultery, or fornication only, on the part of the other ?
    2. Whether the defendant may be convicted on said indictment, of adultery or fornication ?
    3. What judgment the Court ought to render upon the demurrer ?
   Field, J.

The Court is of opinion, that the offence charged in the indictment is fornication; and that the demurrer should be overruled, and a judgment entered for the penalty of 10 dollars, and the costs of prosecution: Unless the Court shall permit the defendant to withdraw his demurrer, and plead to the indictment.  