State v. Slaughter
Supreme Court of Missouri
Appeal from Clay Circuit Court.—Hon. Geo. W. Dunn. Judge. Section 6 says “ within which marriages are, by law declared to be incestuous and void.”' The statute in relation to marriages declares that marriages within certain degrees are absolutely void, but nowhere are any marriages declared incestuous and void. Other marriages, as between parties where either has a former husband or wife, are void under the law, but none are declared incestuous. Wag.
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Appeal from Clay Circuit Court.—Hon. Geo. W. Dunn. Judge. Section 6 says “ within which marriages are, by law declared to be incestuous and void.”' The statute in relation to marriages declares that marriages within certain degrees are absolutely void, but nowhere are any marriages declared incestuous and void. Other marriages, as between parties where either has a former husband or wife, are void under the law, but none are declared incestuous. Wag. Stat., §§ 2, 8, p. 929. The statute is too vague in defining the offence and no punishment is fixed for the same. “A” case is not to be brought…
1Opinion of the Court
Henry, J. —
At the March term of the Clay circuit court, the defendant was indicted under section 6, Wag. *486Stat., 499, and charged with lewdly and lasciviously abiding and cohabiting- with .Lucy Slaughter, he being her uncle. Section 6 reads as follows: “Persons within’the degrees of consanguinity, within which marriages are, by law, declared to be incestuous and void, who shall intermarry with each other, or who shall commit adultery or fornication with each other, or who shall lewdly and lasciviously cohabit with each other, shall, upon conviction, be adjudged guilty of incest, and shall be…
2Cited by9 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. TuckerIndiana Supreme Court · 1910
- Ayers v. AyersMissouri Court of Appeals · 1887
- Benas v. MaherCourt of Appeals for the Eighth Circuit · 1942
- People v. HodgkinMichigan Supreme Court · 1892
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