Legal Opinion

State v. Lyon

Supreme Court of Iowa

Decided April 6, 1860PublishedCited by 8 opinions

Appeal from Lee District Court. INDICTMENT charging defendant with lewdly and lasciviously cohabiting with a woman who was not his wife. The-bill of exceptions recites: “ That after calling several witnesses who knew nothing relevant to the case, he, (the District Attorney,) called one Mrs. Wells, who testified as follows.” After reciting the testimony of Mrs. Wells and Mrs. Powdon, it continues: “The above is in substance all the evidence given in the case.”

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Appeal from Lee District Court. INDICTMENT charging defendant with lewdly and lasciviously cohabiting with a woman who was not his wife. The-bill of exceptions recites: “ That after calling several witnesses who knew nothing relevant to the case, he, (the District Attorney,) called one Mrs. Wells, who testified as follows.” After reciting the testimony of Mrs. Wells and Mrs. Powdon, it continues: “The above is in substance all the evidence given in the case.” The remaining facts necessary to an understanding of the case are presented in the opinion of the court. The evidence showing that…

1Opinion of the CourtLowe, C. J.

Defendant was indicted under section 2109 of the Code, for lewdly and lasciviously cohabiting with a woman to whom he was not married. Pleaded not guilty, was tried and convicted, and from the sentence and judgment of the court appeals, assigning the following cause of error:

1. In admitting the evidence of one John' A. Miles, who testified in effect that defendant had a wife and children whom he had deserted.

It is claimed that this testimony was irrelevant and should not have been received. The force of this objection is not perceived. It is true that, considered abstractly and apart from the…

2Cases cited1 opinion

  1. Ruble v. McDonaldSupreme Court of Iowa · 1858

3Cited by8 opinions

  1. Ellwood v. WilsonSupreme Court of Iowa · 1866
  2. Ruthven v. Beckwith & De GroatSupreme Court of Iowa · 1890
  3. State v. WaltersSupreme Court of Iowa · 1917
  4. Burlington Gas Light Co. v. Geeen, Thomas & Co.Supreme Court of Iowa · 1866
  5. McKenzie v. KitlerSupreme Court of Iowa · 1869

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