Legal Opinion

Pruner & Clark v. Commonwealth

Supreme Court of Virginia

Decided June 24, 1886PublishedCited by 12 opinions

Error to judgment of circuit court of Russell county, rendered June 13th, 1884, refusing to grant a writ of error and supersedeas to judgment of the county court of said county, rendered 11th day of April, 1884, whereby the plaintiffs in error, George A. Pruner and Ellen Clark, were each sentenced to pay a fine of fifty dollars and costs, they having been found guilty by the jury on an indictment for lewd and lascivious cohabitation.

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

The statute provides that “if any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or whether married or not, be guilty of open and gross lewdness and lasciviousness, they shall be fined not less than fifty nor more than five hundred dollars,” etc. Acts 1877-78, p. 302, sec. 7.

Under this statute, the plaintiffs in error were indicted and convicted in the county court of Russell county for lewd and lascivious cohabitation; and the question is, whether the conviction is warranted by the evidence in the case.…

2Cases cited4 opinions

  1. State v. MarvinSupreme Court of Iowa · 1861
  2. Searls v. PeopleIllinois Supreme Court · 1852
  3. Jones v. CommonwealthSupreme Court of Virginia · 1885
  4. Scott v. CommonwealthSupreme Court of Virginia · 1883

3Cited by12 opinions

  1. Savage v. CommonwealthSupreme Court of Virginia · 1888
  2. Johnson v. CommonwealthSupreme Court of Virginia · 1929
  3. Anderson v. CommonwealthSupreme Court of Virginia · 1887
  4. Richey v. StateIndiana Supreme Court · 1909
  5. State v. NaylorOregon Supreme Court · 1913

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