Consent by a wife

(1) If it be proved on behalf of a person accused of having stolen a thing that the wife of the owner of the thing consented to its appropriation by the accused person, the accused person shall not be convicted unless it be proved against him that he 103 had notice that the wife had no authority to consent to the appropriation. (2) If it appears that he had committed or designed to commit adultery with the wife, he shall be deemed to have had such notice, but he shall not in such case be deemed guilty of stealing by reason only of his appropriation, with the consent of the wife, or of his assisting the wife to appropriate, any wearing apparel of the wife, or any money or other thing of which the wife is apparently permitted to have the disposal for her own use.