Legal Opinion · Dissent
Lyman v. People
Appellate Court of Illinois
Decided November 15, 1901Published
Indictment, for living in an open state of adultery. Error to the Circuit Court of Henry County; the Hon. Frank D. Ramsay, Judge, presiding. Heard in this court at the April term, 1901. Mr. Justice Higbee dissenting.
1DissentHigbee, J.
I am of opinion the count upon which Lyman was convicted failed to charge, with sufficient clearness, the offense contemplated by section 11 of the criminal code, under which the indictment was found. That section (Hurd’s Stat. 1899, p, 563) provides :
“ If any man and woman shall live together in an open state of adultery or fornication, or adultery and fornication, every such person shall be fined,” etc.
In construing the statute it is necessary to bear in mind that three distinct offenses are recognized by it: one, living in an open state of adultery; another, living in an open state of…
2Cases cited3 opinions
- Crane v. PeopleIllinois Supreme Court · 1897
- Miner v. PeopleIllinois Supreme Court · 1871
- Crane v. PeopleAppellate Court of Illinois · 1896