State v. Osborne
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Hon. M. Gr. McGregor, Judge. Occasional illicit intercourse between the parties is not sufficient to warrant a conviction. They must live together publicly in the face of society, as if the conjugal relation existed between them, and the illicit intercourse must have been habitual. Kelley’s Crim. Law and Prac., sec. 486, p. 479; State v. Berry, 24 Mo.
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Appeal from the Lawrence Circuit Court. — Hon. M. Gr. McGregor, Judge. Occasional illicit intercourse between the parties is not sufficient to warrant a conviction. They must live together publicly in the face of society, as if the conjugal relation existed between them, and the illicit intercourse must have been habitual. Kelley’s Crim. Law and Prac., sec. 486, p. 479; State v. Berry, 24 Mo. App. 466; State v. West, 84 Mo. 441. There was no evidence of such intercourse, and, therefore, the defendant should have been discharged. To sustain this charge it must appear, merely, that one or both…
1Opinion of the CourtThompson, J.
This was an indictment under that portion of section 1541 of the Revised Statutes of 1879, which enacts that “every man and woman, one or both of whom are" married and not to each other, who shall lewdly and lasciviously abide and cohabit with each other,” shall be adjudged guilty of a misdemeanor. The defendant was found guilty and sentenced to pay *374a fine of four hundred dollars and to be imprisoned for four months in the county jail.
The errors, which he assigns, are that the verdict is against the evidence and against the instructions of the court, and that the court erred in refusing to…
2Cases cited1 opinion
- State v. BerryMissouri Court of Appeals · 1887
3Cited by2 opinions
- State v. GiesekeSupreme Court of Minnesota · 1914
- State v. CoffeyMissouri Court of Appeals · 1891