Legal Opinion

State v. Gieseke

Supreme Court of Minnesota

Decided May 29, 1914No. Nos. 18,602 — (7)PublishedCited by 8 opinions

Defendant was charged in the municipal court of the city of Sleepy Eye with cohabiting with a single woman against the statute, was tried before Cutting, J., and a jury, and convicted and sentenced to pay a fine of $100 and costs or be committed to the county jail for a period not to exceed 90 days. From the judgment and sentence, •defendant appealed to the district court for Brown county upon questions of law alone.

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Defendant was charged in the municipal court of the city of Sleepy Eye with cohabiting with a single woman against the statute, was tried before Cutting, J., and a jury, and convicted and sentenced to pay a fine of $100 and costs or be committed to the county jail for a period not to exceed 90 days. From the judgment and sentence, •defendant appealed to the district court for Brown county upon questions of law alone. From the judgment of the district court, entered pursuant to the decision of Olsen, J., affirming the judgment of conviction of the municipal court, defendant appealed.

1Opinion of the Court

Taylor, C.

Section 8703, G. S. 1913, provides: “Whenever any man and a single woman cohabit with each other, both shall be guilty of fornication.”

Defendant, having been convicted, in the municipal court of the city of Sleepy Eye, of violating this statute, appealed to the district court upon questions of law alone. The district court affirmed the judgment of the municipal court, and by a further appeal defendant brings the case before this court.

The prosecution asks that the appeal be dismissed on the ground that no judgment has yet been entered in the district court. Counsel has apparently…

2Cases cited32 opinions

  1. Olson v. PetersonNebraska Supreme Court · 1891
  2. Jackson v. StateIndiana Supreme Court · 1888
  3. State v. ChandlerSupreme Court of Missouri · 1896
  4. Bodiford v. StateSupreme Court of Alabama · 1888
  5. Miner v. PeopleIllinois Supreme Court · 1871

27 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Willoughby v. UtechtSupreme Court of Minnesota · 1947
  2. King v. United StatesCourt of Appeals for the Fourth Circuit · 1927
  3. State v. HoffmanNorth Dakota Supreme Court · 1938
  4. State Ex Rel. Stout v. RiggSupreme Court of Minnesota · 1958
  5. State Ex Rel. Dressler v. RiggSupreme Court of Minnesota · 1958

3 more not listed; retrieve them via the Exa API.

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