United States v. Harris
Utah Supreme Court
Appeal from a judgment of the district court of tbe first district, and from an order refusing a new trial. The opinion states the facts.
1Opinion of the Court
Boreman, J.:
The defendant was indicted for the crime of unlawful cohabitation; was tried and convicted. He made his motion for a new trial, which, being overruled, he has appealed to this court from the judgment and from the order overruling the motion for a new trial. It is assigned for error that the court charged the jury as follows: “If in this case, or any other, the legal wife of the defendant lives in the same vicinity with him, in a household maintained in part by him, that is cohabitation with his legal wife. It is absolutely and conclusively cohabitation with his legal wife.” The…
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