State v. Stewart
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — -No». G. Orrick Bishop, Judge. Under section 2169, Revised Statutes 1899, it is the cohabitation within this State which constitutes the crime, if the second marriage was solemnized in another State, when one of the parties thereto had a husband or wife living, in any case where such second marriage would be punishable if contracted or solemnized within this State.
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Appeal from St. Louis City Circuit Court. — -No». G. Orrick Bishop, Judge. Under section 2169, Revised Statutes 1899, it is the cohabitation within this State which constitutes the crime, if the second marriage was solemnized in another State, when one of the parties thereto had a husband or wife living, in any case where such second marriage would be punishable if contracted or solemnized within this State. The question then arises whether or not the Legislature has the power, in the protection of public morals, to punish a person for cohabiting with a bigamous wife or husband within this…
1Opinion of the CourtGantt, J.
At the June term, 1905, the grand jury of the city of St. Louis returned an indictment against the defendant, charging him with the violation of section 2169, Revised Statutes 1899. On July 20, 1905, the day prior to the one on which the case was set. for trial, defendant filed a motion to quash the indictment, alleging, among other things, that said section of the statute, upon which the indictment was based, was unconstitutional. The motion to quash was sustained by the trial court, and the State tendered a hill of exceptions which was signed and filed, and an appeal taken by the State.
The…
2Cases cited17 opinions
- People v. BarryCalifornia Supreme Court · 1892
- Beggs v. StateSupreme Court of Alabama · 1876
- Ex parte SlaterSupreme Court of Missouri · 1880
- State v. YoungSupreme Court of Kansas · 1895
- State v. McGrawSupreme Court of Missouri · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. StockSupreme Court of Missouri · 1971
- People v. EllisCalifornia Supreme Court · 1928
- Wilson v. StateCourt of Criminal Appeals of Oklahoma · 1919
- State v. . MoonSupreme Court of North Carolina · 1919
- State v. OldhamSupreme Court of Missouri · 1906
3 more not listed; retrieve them via the Exa API.