State v. Naylor
Oregon Supreme Court
From Washington: James TJ. Campbell, Judge. Statément by Mr. Chibe Justice McBride. The defendant, Edward L. Naylor, was indicted for the crime of lewd and lascivious cohabitation.
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From Washington: James TJ. Campbell, Judge. Statément by Mr. Chibe Justice McBride. The defendant, Edward L. Naylor, was indicted for the crime of lewd and lascivious cohabitation. The charging part of the indictment is as follows: “That the said defendant, Edward L. Naylor, on the 20th day of November, A. D. 1912, in the county of Washington, State of Oregon, then and there being, and not being then and there intermarried with one Martha Traver, a female person, did then and there willfully and unlawfully, lewdly and lasciviously cohabit and associate with her, the said Martha Traver,…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The first error assigned in the appellant ’s'brief was the admission by the court of evidence tending to show that the conduct of defendant and Miss Traver was the subject of comment and criticism in the community. The learned district attorney has cited to us no case, and we have been unable to find one, which holds evidence of this character to be admissible. It is plausibly argued that, as the gist of the offense is its tendency to cause scandal and corrupt public morals, the fact that scandal was caused may be proved as a substantive fact in the…
2Cases cited19 opinions
- Cannon v. United StatesSupreme Court of the United States · 1885
- Pinson v. StateSupreme Court of Florida · 1891
- State v. . McDuffieSupreme Court of North Carolina · 1890
- State v. MarvinSupreme Court of Iowa · 1861
- Luster v. StateSupreme Court of Florida · 1887
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3Cited by7 opinions
- Latham v. LathamOregon Supreme Court · 1976
- Traver v. NaylorOregon Supreme Court · 1928
- Matter of Marriage of VasconcellosCourt of Appeals of Oregon · 1982
- United States v. SmithUnited States Court of Military Appeals · 1964
- State v. NaylorOregon Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.