State v. Walker
Supreme Court of Kansas
Appeal from Jefferson District Court. E. C. Walker and Lillian Harman were prosecuted iu the district court of Jefferson couuty for a violation of §12 of the marriage act, which reads as follows: “That any persons living together as man and ivife within this state, ivithout being married, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not less than five hundred nor more than one thousand dollars, or be imprisoned in the county jail…
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Appeal from Jefferson District Court. E. C. Walker and Lillian Harman were prosecuted iu the district court of Jefferson couuty for a violation of §12 of the marriage act, which reads as follows: “That any persons living together as man and ivife within this state, ivithout being married, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not less than five hundred nor more than one thousand dollars, or be imprisoned in the county jail not less than thirty days nor more than three months.” (Comp. Laws of 1879, ch.61, §12.) At the trial, which was had…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The questions to be determined upon this appeal arise upon an instruction given to the jury upon the trial, in which it was said that —
“If the defendants, at the time alleged in the information, and in this state, agreed to live together as husband and wife without having a license to be married, and without having a marriage solemnized by a judge, justice of the peace, or licensed minister of the gospel, and in pursuance of such agreement lived together in this county, they would be guilty of the offense charged in the information.”
The…
2Cases cited2 opinions
- Meister v. MooreSupreme Court of the United States · 1878
- Teter v. TeterIndiana Supreme Court · 1885
3Cited by21 opinions
- Henderson v. HendersonCourt of Appeals of Maryland · 1952
- Sweigart v. StateIndiana Supreme Court · 1938
- Renfrow v. RenfrowSupreme Court of Kansas · 1899
- State Ex Rel. Felson v. AllenSupreme Court of Connecticut · 1942
- Harrington v. LoweSupreme Court of Kansas · 1906
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