State v. Hicks
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) Persons, in order to be guilty of living together in open and notorious adultery, as meant by the statute, must reside together publicly in the face of society, as if the conjugal relation existed between them, and their illicit intercourse must be habitual and not occasional. All of the essential elements are disproved in the case at bar, and the court erred in not directing a verdict for the defendants.
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Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) Persons, in order to be guilty of living together in open and notorious adultery, as meant by the statute, must reside together publicly in the face of society, as if the conjugal relation existed between them, and their illicit intercourse must be habitual and not occasional. All of the essential elements are disproved in the case at bar, and the court erred in not directing a verdict for the defendants. Sec. 4729, R. S. 1909; State v. Crowner, 56 Mo. 147; State v. Sekrit, 130 Mo. 401. (2) The verdict does not separately…
1Opinion of the CourtFarrington, J.
Appellants were prosecuted and convicted in the Butler County Circuit Court upon an indictment under section 4729, Revised Statutes 1909, the statute leveled against adultery. The verdict of the jury was as follows.: “We, the jury, find the defendants guilty as charged and assess their punishment at one hundred dollars and ten days in the county jail.” The judgment followed the form of the verdict. The vedict and judgment were erroneous. The statute (Sec. 5252, R. S. 1909) plainly requires that when several defendants are jointly tried, the punishment of each, in case of conviction, must be…
2Cases cited19 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. PrattSupreme Court of Missouri · 1889
- State v. NieuhausSupreme Court of Missouri · 1909
- State v. ThornhillSupreme Court of Missouri · 1903
- State v. SekritSupreme Court of Missouri · 1895
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3Cited by3 opinions
- State v. DerrySupreme Judicial Court of Maine · 1920
- State of Missouri v. MoonMissouri Court of Appeals · 1926
- Buettmann v. BuettmannMissouri Court of Appeals · 1971