Luster v. State

The statute under which the plaintiffs in error were convicted enacts that “ if any man and woman, not being married to each other, lewdly and, lasciviously associate and *340cohabit together,” they shall be punished as therein provided. §7, p. 375, McC.’s Dig. The indictment charges-the offence to have been committed in Levy county, on January 1st, 1885, and on divers other days between such day and the first day of November of the same year, and that the parties were not married to each other. The trial took place on the 21st day of April, 1886.

The first assignment of error is that the Circuit…