State v. Foster
West Virginia Supreme Court
Writ of error to a judgment-of the circuit, court of the comity of Boone on an indictment for lewd and lascivious cohabitation, rendered on the 20th day of September, 1879, against -lames Foster, allowed niton the petition of said Foster. ITon. David E. -Johnston, judge of the ninth judicial circuit, rendered the judgment complained of.
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Writ of error to a judgment-of the circuit, court of the comity of Boone on an indictment for lewd and lascivious cohabitation, rendered on the 20th day of September, 1879, against -lames Foster, allowed niton the petition of said Foster. ITon. David E. -Johnston, judge of the ninth judicial circuit, rendered the judgment complained of. Woods, Judge, furnishes the following statement of the (tase: The plaintiff in error was indicted in the circuit court of Boone county, at the spring term thereof 1877, for lewd and lascivious cohabitation with one Sarah Foster. The indictment, which is an…
1Judgment of the CourtWoods, Judge
The offense intended to be alleged against the defendant is described in section 7 .of chapter 149 of the Code in these words, “If any persons not married to each other, lewdly and lasciviously associate and cohabit together ***** they shall be fined not less than fifty dollars, and may, at the discretion of the jury, be imprisoned not exceeding six months.” The associating and cohabiting “together” as used in this section necessarily import sexual commerce between such persons, as if they sustained towards each other, the relation of husband and wife. It is not intended to describe or…
2Cases cited4 opinions
- Delany v. PeopleMichigan Supreme Court · 1862
- Commonwealth v. CatlinMassachusetts Supreme Judicial Court · 1804
- State v. HelmSupreme Court of Missouri · 1840
- State v. ByronSupreme Court of Missouri · 1854
3Cited by14 opinions
- State v. HuffmanWest Virginia Supreme Court · 1955
- State v. HudsonWest Virginia Supreme Court · 1946
- State v. BakerWest Virginia Supreme Court · 1889
- State v. ZeiglerWest Virginia Supreme Court · 1895
- State v. WhiteWest Virginia Supreme Court · 1909
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