ADULTERY

Adultery is the voluntary sexual intercourse of a married person with a person other than the ofl'ender's husband 6 or wife. Civil Code Cal. § 93; 1 Bish. Mar. & Div. § 703; Oook v. State, 11 Ga. 53, 58 Am. Dec. 410; State v. Mahan, 81 Iowa, 121, 46 N. W. 855; Banks v. State, 96 Ala. 78, 11 South. 404. H Adultery is the unlawful voluntary sexual intercourse of a married person with one or the opposite sex, and when the crime ls committed between parties, only one of whom is married, both are· guilty of adultery. Pen. Code Dak. § 333. I It is to be observed, however, that in some of the states it is held that this crime is com• mitted 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 juris- J dictions, also. a distinction is made between double and single adultery, the former being co=itted where both parties are married to other persons, the latter where one only is so married. State v. Fellows, 50 Wis. 65, 6 &. W. 239; State v. Searle. 56 Vt. 516'; State v. Lash, 16 N. J. Law, 380, 32 Am. Dec. 397; K Hood v. State, 56 Ind. 263, 26 Am. Rep. 21; State v. Conil(}way, Tapp. (Ohio) 90; State v. Weather by, 43 Me. 258, 69 Am. Dec. 59; Hunter v. U. S., 1 Pin. (Wis.) 91, 39 Am. Dec. 277. ADVANOE, v. To pay money or render other value before it is due; or to furnish L capital in aid of a projected enterprise, 1n expectation of return from it [s. 47]