Kinard v. State
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. Calhooe, Judge. H. W. Kinard and a negro woman, with whom he had lived since the year 1868, were, in January, 1879, indicted and convicted of unlawful cohabitation. After sentence, the woman submitted to a short imprisonment, but Kinard brought up the case. I. In order to violate Code 1871, § 2486, the parties, without being married, must live together, in the open assumption of the forms and rights of matrimony.
Read the full summary
Error to the Circuit Court of Hinds County. Hon. S. S. Calhooe, Judge. H. W. Kinard and a negro woman, with whom he had lived since the year 1868, were, in January, 1879, indicted and convicted of unlawful cohabitation. After sentence, the woman submitted to a short imprisonment, but Kinard brought up the case. I. In order to violate Code 1871, § 2486, the parties, without being married, must live together, in the open assumption of the forms and rights of matrimony. They must hold each other out to the world as husband and wife. Garotti v. State, 42 Miss. 334. Secret intercourse between…
1Opinion of the CourtChalmers, J.
The testimony for the State, which the jury by their verdict have accepted as true, is to the effect that the plaintiff in error, who is an unmarried white man, lived in the same house with the co-defendant, an unmarried negro woman, for a series *134of years; that there was but one room in the house, and but one bed in that room; that the parties were seen occupying this bed together as man}'- as five or sis times; that they eat at the same table ; and that the woman became during the time the mother of three mulatto children, whom the plaintiff in error was in the habit of caressing and calling…
2Cases cited3 opinions
- Floyd v. CalvertMississippi Supreme Court · 1876
- Carotti v. StateMississippi Supreme Court · 1872
- Rundle v. PegramMississippi Supreme Court · 1874
3Cited by6 opinions
- State v. ChandlerSupreme Court of Missouri · 1896
- Granberry v. StateMississippi Supreme Court · 1884
- People v. PotterAppellate Court of Illinois · 1943
- State v. GiesekeSupreme Court of Minnesota · 1914
- Richey v. StateIndiana Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.