Legal Opinion
State v. Clinch
Supreme Court of Iowa
Decided June 7, 1859PublishedCited by 2 opinions
Appeal from, the Benton District Court. Indictment eor Lewdness. The indictment charges that the defendant, on the first day of August, 1858, at, &c., did lewdly and lasciviously associate and cohabit with one Elizabeth Matthews. A demurrer to the indictment, and a motion in arrest of judgment, were overruled, and judgment rendered against the defendant, from which he appeals.
1Opinion of the CourtStockton, J.
The indictment in this case was materially defective,'and the demurrer thereto should have been sustained. To render the defendant liable under section *4022709 of the Code, for lewdly and lasciviously cohabiting with the said Elizabeth Matthews, the indictment should have charged that the parties were not married to each other.
Judgment reversed.
2Cited by2 opinions
- Teston v. StateSupreme Court of Florida · 1913
- State v. HillmanMissouri Court of Appeals · 1907