Territory v. Jaspar

The opinion states the case.

Galbraith, J.

This is an appeal from an order sustaining a motion to dismiss the prosecution, for the reason that the appellant had failed to establish by proof a material allegation of the indictment. The indictment alleged that the respondents were guilty of the offense of fornication, in violation of sec. 146, Crim. Laws (division 4, Rev. Stat. 1879.) This section, among other things, provides that, “ if any unmarried man shall live and cohabit with an unmarried woman,” it shall be a misdemeanor. The allegation of the indictment was that, at the time and place…