United States v. Ah Sing

Clemons, J.'

In the indictment in the first case, an unmarried man and a married woman, having a husband then living other than her co-defendant, are charged, under Penal Code, 316, with adultery, in having had “carnal knowledge of the bodies of each other.”

In the indictment in the second case the defendant, an unmarried man, is charged under Penal Code, sec. 318, with fo'rnication in having had “carnal knowledge of the body of . . . an unmarried woman.”

In these two cases motions to quash are interposed, which include the grounds that the acts charged are not offenses under the laws of the…