State v. Berry
Missouri Court of Appeals
Appeal from Yernon Circuit Court, Hon. Charles ■GK Burton, Judge. Statement of case by tbe court. The defendants were jointly indicted for a violation of that part of section 1541, Revised Statutes, wliieli provides, “ every man and woman, one or both, of whom are married, and not to each other, who shall lewdly and lasciviously abide and cohabit with each other,” on conviction, shall be adjudged guilty of a misdemeanor.
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Appeal from Yernon Circuit Court, Hon. Charles ■GK Burton, Judge. Statement of case by tbe court. The defendants were jointly indicted for a violation of that part of section 1541, Revised Statutes, wliieli provides, “ every man and woman, one or both, of whom are married, and not to each other, who shall lewdly and lasciviously abide and cohabit with each other,” on conviction, shall be adjudged guilty of a misdemeanor. The defendants were jointly tried, there having been no severance. The defendants introduced no evidence concerning the reputation of the female defendant ; she was not…
1Opinion of the Court
I
Hall, J.
The instruction set out in the foregoing statement of the facts of this case is substantially the same as the instruction approved in State v. West (84 Mo. 441), with the one exception that the instruction in that case directed the jury that they must find that the defendants lived together as man and wife. But in that ■case it was not held that it was necessary for the instruction to have so directed the jury. The point ■decided in that case was that the trial court properly refused to instruct the jury that the acts must be open ■and notorious to constitute the offence charged…
2Cases cited7 opinions
- State v. PhillipsSupreme Court of Missouri · 1857
- Commonwealth v. GrayMassachusetts Supreme Judicial Court · 1880
- Blackman v. StateSupreme Court of Alabama · 1860
- State v. CookSupreme Court of Missouri · 1875
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. GiesekeSupreme Court of Minnesota · 1914
- State v. PoynerWashington Supreme Court · 1910
- State v. AllisonSupreme Court of Minnesota · 1928
- State v. OsborneMissouri Court of Appeals · 1890
- People ex rel. Sheldon v. CurtinAppellate Division of the Supreme Court of the State of New York · 1912
1 more not listed; retrieve them via the Exa API.