State v. Chandler
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. The evidence did not establish a “lewd and lascivious abiding and cohabitation,” within the meaning of the statute. At most the facts simply showed circumstances from which adultery in secret might be inferred.. They totally failed to show any ostensible “ living together ” as husband and wife. R. S. 1889, sec. 3798; State v. Crowner, 56 Mo. 147; State v. Osborne, 39 Mo.
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Appeal from St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. The evidence did not establish a “lewd and lascivious abiding and cohabitation,” within the meaning of the statute. At most the facts simply showed circumstances from which adultery in secret might be inferred.. They totally failed to show any ostensible “ living together ” as husband and wife. R. S. 1889, sec. 3798; State v. Crowner, 56 Mo. 147; State v. Osborne, 39 Mo. App. 372; State v. Lamerón, 8 Mo. 494; State v. Berry, 24 Mo. App. 466; State v. Osborne, 69 Mo. 143; State v. Hinson, 7 Mo. 244; State v. Bes, 20…
1Opinion of the CourtSherwood, J.
I. This cause appealed to the St. Louis court of appeals has been transferred to this court, because of a motion made in the lower court, which raises the question of the constitutionality of the law which allows a party to be punished by imprisonment in the workhouse of the city, on conviction of a misdemeanor.
The prosecution, which resulted in a conviction and sentence of defendant to the workhouse, and the payment of a fine of $500, was founded upon section 3798, Revised Statutes, 1889.
“ Every person who shall live in a state of open and notorious adultery, and every man and woman, one or…
2Cases cited10 opinions
- State v. MarvinSupreme Court of Iowa · 1861
- Luster v. StateSupreme Court of Florida · 1887
- Carotti v. StateMississippi Supreme Court · 1872
- State v. SekritSupreme Court of Missouri · 1895
- Bennett v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by20 opinions
- State v. GardnerSupreme Court of Iowa · 1916
- Taylor v. DimmittSupreme Court of Missouri · 1935
- State v. WilliamsSupreme Court of Missouri · 2018
- State v. BaberSupreme Court of Missouri · 1956
- State v. McGeheeSupreme Court of Missouri · 1925
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