Turney v. State
Supreme Court of Arkansas
Appeal from Marion Circuit Court. Brice B. Hudgins, Judge. A single act is not sufficient, under our statute. 32 Ark. 19; 13 111. 597; 36 Ark. 86; 56 Mo. 147; 19 N. E. 330; 1 Am. & Fng. Enc. Law, 211, 212. There must be a residing together for some period of time, and habitual illicit intercourse. One night at a stranger’s house is not sufficient. No certain length of time is necessary to constitute the offense.
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Appeal from Marion Circuit Court. Brice B. Hudgins, Judge. A single act is not sufficient, under our statute. 32 Ark. 19; 13 111. 597; 36 Ark. 86; 56 Mo. 147; 19 N. E. 330; 1 Am. & Fng. Enc. Law, 211, 212. There must be a residing together for some period of time, and habitual illicit intercourse. One night at a stranger’s house is not sufficient. No certain length of time is necessary to constitute the offense. Cohabitation means to dwell and live together as husband and wife. One day or night is sufficient. Reviews 32 Ark. 187; 36 id. 86 ; 36 id. 39.
1Opinion of the Court
Wood J.
The defendant was convicted of the crime of illegal cohabitation. The proof showed that he and a certain woman, traveling from Searcy county, stopped over night at the house of a lady in Marion county. They claimed to be husband and wife, and slept in the same bed. They were not married.
The court instructed the jury that “if defendant, being at the house of Mrs. Wilson, in company with Margaret Nelson, falsely represented to Mrs. Wilson that Margaret Nelson was his wife, and obtained lodging in her dwelling house for one night by reason of said false representation, slept in her bed in…
2Cases cited3 opinions
- Jackson v. StateIndiana Supreme Court · 1888
- Sullivan v. StateSupreme Court of Arkansas · 1877
- Calef v. CalefSupreme Judicial Court of Maine · 1867
3Cited by11 opinions
- Suslak v. United StatesCourt of Appeals for the Ninth Circuit · 1914
- McClure v. McClureSupreme Court of Arkansas · 1943
- Richey v. StateIndiana Supreme Court · 1909
- Jones v. StateTennessee Supreme Court · 1944
- State v. LewisWashington Supreme Court · 1955
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