Miles v. State
Supreme Court of Alabama
Appeal from Circuit Court of Eandolph. Tried before the Hon. John HendeRSON. The defendants were convicted at the fall term, 1877, of said court, under the following indictment: “ The grand jury of said county charge that, before the finding of this indictment, Bull Miles and Amanda Overton, not sustaining the relation of man and wife, wickedly agreed and conspired together to leave, and did leave the county of Eandolph, for the purpose of illicit sexual intercourse between…
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Appeal from Circuit Court of Eandolph. Tried before the Hon. John HendeRSON. The defendants were convicted at the fall term, 1877, of said court, under the following indictment: “ The grand jury of said county charge that, before the finding of this indictment, Bull Miles and Amanda Overton, not sustaining the relation of man and wife, wickedly agreed and conspired together to leave, and did leave the county of Eandolph, for the purpose of illicit sexual intercourse between the said Bull Miles and Amanda Overton,” against, &c. A demurrer was interposed to said indictment, by defendant’s…
1Opinion of the CourtBeickell, C. J.
The indictment is framed on the supposition that the consent of a man, and a woman, to commit adultery, or fornication, is a conspiracy to commit a misdemeanor, and therefore indictable. We know of no authority for such a proposition; nor, so far as we can discover, was it ever before asserted, except in Shannon v. Commonwealth, 14 Penn. St. 226, and then it received unqualified diSa^pprO-*391bation. So long as tbe parties have proceeded no further than to consent and agree, tbe offense rests in mere intention, and a criminal intent must be accompanied by an act in furtherance of it, before it is…
2Cited by25 opinions
- Gebardi v. United StatesSupreme Court of the United States · 1932
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- May v. United StatesCourt of Appeals for the D.C. Circuit · 1949
- United States v. DietrichU.S. Circuit Court for the District of Nebraska · 1904
- United States v. Earl Christopher Hunter, United States of America v. Hyland HillCourt of Appeals for the Seventh Circuit · 1973
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