Tynes v. State
Mississippi Supreme Court
From the circuit court of Amite county. ITon. Moyse H. Wilkinson, Judge. Tynes, appellant, and one Gertrude Buckles, were jointly indicted for unlawful cohabitation; appellant was tried, convicted, sentenced to punishment and appealed to the supreme court.
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From the circuit court of Amite county. ITon. Moyse H. Wilkinson, Judge. Tynes, appellant, and one Gertrude Buckles, were jointly indicted for unlawful cohabitation; appellant was tried, convicted, sentenced to punishment and appealed to the supreme court. The third instruction for the state was in these words: “The court instructs the jury for the state, that if you believe from the evidence in this case, beyond every reasonable doubt, that Frank L. T. Tynes and Gertrude Buckles had habitual sexual intercourse with each other, the defendant Tynes is guilty as charged and should be so found.”…
1Opinion of the CourtCalhoon, J.
The material part of the indictment is in these words: “That Drank T. L. Tynes and Gertrude Buckles, late of the county aforesaid, on the 19th day of August, A. D. 1907, in the county aforesaid, did then and there wilfully and unlawfully cohabit together and have sexual intercourse with each other, they, the-said Tynes and Buckles, not then and there being married to-each other.” The demurrer to the indictment, assigning as cause that it did not charge the one to be a man and the other a woman was properly overruled. State v. Lashley, 84 N. C., 754. The parties could not unlawfully cohabit…
2Cases cited1 opinion
- State v. . LashleySupreme Court of North Carolina · 1881