
    State v. Taylor.
    An unmarried man having sexual intercourse with a married woman is not guilty of fornication, but of adultery.
    Indictment, lor fornication. The defendant was a single man, and the other party to the act a married woman. A motion to qnash was refused, and the defendant excepted.
    
      Greene, solicitor, for the state.
    
      Barnard Sf Leach, for the defendant.
   Foster, J.

An unmarried man having sexual intercouse 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, 517; 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.  