Territory of Montana v. Whitcomb
Montana Supreme Court
Appeal from the Third District, Lewis and Clarke County„ Whitcomb was tried by a jury in March, 1871, before Wabben, J., and found guilty under an indictment drawn upon the following statute: “Any man and woman who shall live together in an open state of adultery or fornication, shall be indicted, and, on conviction, shall be fined in any sum ■* * * or imprisoned” * * * . Crim. Prac. Act, § 127; Acts 1865, 208. The facts are stated in the opinion.
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Appeal from the Third District, Lewis and Clarke County„ Whitcomb was tried by a jury in March, 1871, before Wabben, J., and found guilty under an indictment drawn upon the following statute: “Any man and woman who shall live together in an open state of adultery or fornication, shall be indicted, and, on conviction, shall be fined in any sum ■* * * or imprisoned” * * * . Crim. Prac. Act, § 127; Acts 1865, 208. The facts are stated in the opinion. Only one day is named in the indictment as the day of the commission of the offense. No single instance of fornication would support the…
1Opinion of the CourtWade, C. J.
This case is here upon appeal from the judgment and verdict in the court below, and from the order overruling a motion for a new trial.
This is an indictment for fornication, drawn upon the one hundred and twenty-seventh section of the “Act concerning crimes and punishments,” Statutes 1865, p. 209, wherein it is alleged that on the 20th day of January, 1869, at the county of Lewis and Clarke, the defendants Edward Whit-comb and Catharine Durgen did then and there unlawfully live together in an open state of fornication, the said Whit-comb being then and there a single and unmarried man, and…
2Cited by4 opinions
- State v. ByrumNebraska Supreme Court · 1900
- People v. CeaseMichigan Supreme Court · 1890
- Territory v. JasparMontana Supreme Court · 1887
- State v. KuntzMontana Supreme Court · 1956