(Post, p. 9.) Citing: Commonwealth v. Shaman, 223 Mass. 62. FROM LAWRENCE.

In that appeal the same questions were presented that the defendant now seeks to bring before us. In accordance with the stipulation filed a like judgment was entered in this defendant's appeal. The revocation of his license by the department of health and the subsequent proceedings terminated in a judgment which was in effect one in rem and established his status as one not entitled to practice medicine in the State of Connecticut. It is not open to him in this action to relitigate the matter so decided. Commonwealth v. Shaman, 223 Mass. 62, 111 N.E. 720; In re Gottesfeld, 245 Pa. 314, 316, 91 A. 494; Blodgett v. Clarke, 177 Iowa 575, 578, 159 N.W. 243; Castrique v. Imrie, L. R. 4 H. L. 414, 429, 434; 3 Freeman on Judgments (5th Ed.) § 1534.

The dividing line between guilt and innocence in the criminal law is whether a jury are satisfied beyond a "reasonable doubt" that the defendant committed the crime charged. Commonwealth v. Webster, 5 Cush. 295, 319, 320. A large number of statutory crimes are made to depend for one essential element upon conduct described as reasonable or unreasonable. See, for example, "without reasonable care," G. L. c. 266, §§ 8, 9, with or without "reasonable cause," G. L. c. 269, § 13; c. 272, §§ 5, 88, unreasonable neglect or without making reasonable provision, G.L.c. 273, §§ 1, 20, Commonwealth v. Burlington, 136 Mass. 435, Commonwealth v. Ham, 156 Mass. 485, Commonwealth v. Graham, 157 Mass. 73, Commonwealth v. Simmons, 165 Mass. 356, Commonwealth v. Shaman, 223 Mass. 62, refusal to contribute reasonably, G.L.c. 273, § 15, Commonwealth v. Callaghan, 223 Mass. 150, certiorari denied, Callaghan v. Massachusetts, 241 U.S. 667, Commonwealth v. Rosenblatt, 219 Mass. 197. See Commonwealth v. Cassidy, 209 Mass. 24.

In this particular the case is quite distinguishable in its facts from Smith v. Smith, 171 Mass. 404, and Anders v. Anders, 224 Mass. 438. In the main it resembles, in respect to the governing principle, Foss v. Foss, 12 Allen, 26, Crehore v. Crehore, 97 Mass. 330, Vondal v. Vondal, 175 Mass. 383, and Commonwealth v. Shaman, 223 Mass. 62. See Napier v. Napier, P. 184. The validity of the marriage has been upheld where one of the parties has assumed a false name in Meyer v. Meyer, 7 Ohio Dec. (Reprint) 627, The King v. Burton-upon-Trent, 3 M. S. 537, and The King v. Billingshurst, 3 M. S. 250. Decisions to the contrary collected in the notes to the latter case at page 259 et seq., appear to rest upon the terms of the marriage act of England.

The fact that he had full knowledge of her unchastity was sufficient to have put him on his guard and to have caused him to take some steps to ascertain the truth or falsity of the charge made by her concerning her condition. Commonwealth v. Shaman, 223 Mass. 62. Crehore v. Crehore, 97 Mass. 330. Donovan v. Donovan, 9 Allen, 140. Foss v. Foss, supra. The decision in Reynolds v. Reynolds, supra, is expressly limited "to the precise case stated in the libel" and is clearly distinguishable from the case at bar.