State v. Clawson
Missouri Court of Appeals
Appeal from the Knox Circuit Court. — Hon. Ben. E. Turner, Judge. The olfense consists of an open and notorious living or cohabiting together. Occasional illicit intercourse will not constitute the offense. They must reside together publicly, in the face of society, as if the conjugal relation existed between them; the illicit intercourse must be habitual. State v. Crowner, 26 Mo. 150 ; Wright v. State, 5 Black, 358; Searls x. People, 13 111. 597 ; State x.
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Appeal from the Knox Circuit Court. — Hon. Ben. E. Turner, Judge. The olfense consists of an open and notorious living or cohabiting together. Occasional illicit intercourse will not constitute the offense. They must reside together publicly, in the face of society, as if the conjugal relation existed between them; the illicit intercourse must be habitual. State v. Crowner, 26 Mo. 150 ; Wright v. State, 5 Black, 358; Searls x. People, 13 111. 597 ; State x. Cartrell, 14 Ind. 280 ; State x. Manin, 12 Iowa, 499; Sinson x. State, 7 Mo. 244; Pameron x. State, 8 Mo. 494 ; Miner x. People, 58 111.…
1Opinion of the CourtRombauer, P. J.
Upon a former appeal, by defendant (30 Mo. App. 139), we reversed the judgment and remanded the cause because the court had admitted testimony for the state of an act on part of defendant many years anterior to the alleged offense, and having no connection whatever therewith. We also made some suggestions in regard to the improper admission of evidence touching the defendant’s general reputation for chastity.
A retrial of the cause resulted in a second verdict against the defendant.
The defendant now complains that the evidence was insufficient to warrant the verdict, and that the court…
2Cases cited3 opinions
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- State v. CrownerSupreme Court of Missouri · 1874
- State v. ClawsonMissouri Court of Appeals · 1888
3Cited by5 opinions
- Sykes v. StateTennessee Supreme Court · 1903
- Linck v. VorhauerMissouri Court of Appeals · 1904
- State v. HicksMissouri Court of Appeals · 1913
- State v. Williams AdamsMissouri Court of Appeals · 1919
- Battles v. StateCourt of Criminal Appeals of Texas · 1910