Kemp v. State
Mississippi Supreme Court
Appeal from the circuit court of Humphreys county. Hon. H. H. Elmore, Judge. Mollie Wemp was convicted of unlawful cohabitation with a male and appeals. The facts are fully stated in the opinion of the court. Replying to the brief of the attorney-general, the decision of this case involves a construction of the Code of 1906, section 1508, being section 1266 of Hemingway’s Code.
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Appeal from the circuit court of Humphreys county. Hon. H. H. Elmore, Judge. Mollie Wemp was convicted of unlawful cohabitation with a male and appeals. The facts are fully stated in the opinion of the court. Replying to the brief of the attorney-general, the decision of this case involves a construction of the Code of 1906, section 1508, being section 1266 of Hemingway’s Code. We wish to say at the outset that this statute is in derogation of the common law and should be strictly construed. In speaking of such statutes the court in the case of Clarke v. State, 100 Miss. 754, second…
1Opinion of the CourtHolden, J.
The appellant, Mollie Kemp, was jointly indicted and convicted with one Morrison on a charge of unlawful cohabitation, from which she appeals; the charging part of the indictment being as follows:
“That J. W. Morrison and Mollie Kemp, in said county, on the 1st day of May, 1916, and continually until the date of filing of this indictment, the said J. W. Morrison a man, and Mollie Kemp, a woman, they not being then and there lawfully married each to the other, did lewdly and unlawfully cohabit together in adultery. ’ ’
On the trial of the case the state failed to prove that either party was…
2Cited by9 opinions
- Rhymes v. StateMississippi Supreme Court · 1994
- Quick v. StateMississippi Supreme Court · 1990
- Jones v. StateMississippi Supreme Court · 1973
- State v. LindseyMississippi Supreme Court · 1947
- Van Norman v. StateMississippi Supreme Court · 1978
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