State v. Hopson
Missouri Court of Appeals
Appeal from the Adair Circuit Court. — Hon. Andrew Ellison, Judge. The charge of “openly, lewdly and lasciviously abiding and cohabiting,” is stating an offense, and is a good charge. It will sustain an indictment. State v. Coffee, 39 Mo. App. 56; State v. Osborne, 69 Mo. 143. This last case is directly in point and should be decisive of the question. Also see R. S. 1889, sec. 3798; State v. Bess, 20 Mo. 419; R. S. 1889, sec. 3798; State v. Walker, 24 Mo. App. 679.
1Opinion of the CourtSmith, P. J.
The information charged that the defendant “did then and there unlawfully commit and was guilty of open, gross lewdness and lascivious behavior by then and there openly, lewdly and lasciviously abiding and cohabiting with one Hattie Rice, she the said Hattie Rice then and there not being the wife of the said Reuben Hopson, and he the said Reuben Hopson being then and there an unmarried man.” On demurrer this information was adjudged insufficient. The state has appealed.
The statute, section 3798, Revised Statutes, provides that every person, married or unmarried, who shall be guilty of open,…
2Cases cited4 opinions
- State v. BessSupreme Court of Missouri · 1855
- Dameron v. StateSupreme Court of Missouri · 1844
- State v. CoffeeMissouri Court of Appeals · 1890
- State v. OsborneSupreme Court of Missouri · 1878
3Cited by2 opinions
- State v. PedigoMissouri Court of Appeals · 1915
- State v. ThayerSupreme Court of Missouri · 1900