ADVANTAGES

Reading all these articles and their amendments together, however, we conclude that the intention of the lawmaker was to deny to the husband the right to prefer a complaint against either the wife or her paramour without including the other therein. To hold otherwise would be to give to the husband the right or any at any rate the power in all cases to condone the offense of the paramour and at the same time to secure the conviction of his wife; for to secure this end it would only be necessary for the husband to omit from his complaint an allegation that the paramour knew of the existence of his marriage with the woman, or, as in the case at bar, to insert an allegation that the paramour did not know of the existence of the marriage, in order to relieve him from liability of conviction and punishment. It is not for the husband to determine the question of the guilt or innocence of the paramour of the crime of adultery; that question must be left to the court. It may be that the complaint having been duly filed, and the control of the proceedings having thereby been placed in the hands of the prosecuting officer, he might move for a dismissal of the complaint as to the paramour if he were satisfied that he could not establish guilty knowledge on his part. But however this may be, we think that the language of article 434 of the code clearly contemplates the inclusion by the husband of both the wife and her paramour, if they are both alive, in the complaint upon which he institutes a prosecution for the crime of adultery.

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