State v. Tuttle

Appeal from the overruling of a motion for a new trial on joint conviction of the respondents for lewd and lascivious cohabitation, such crime being a felony. R. S., Chap. 136, Sec. 28.

The indictment is under R. S., Chap. 126, Sec. 5. The statute in question provides that “if any man and woman, one or both being at the time married to another person, lewdly and lasciviously cohabit . . . they shall be punished. . . .”

“Lewd” and “lascivious” have been defined to be synonymous terms. U. S. v. Clarke, 38 Fed., 732. “Lewdness” signifies the irregular indulgence of lust, whether public or private.…