Legal Opinion

United States v. Kuntze

Idaho Supreme Court

Decided March 11, 1889PublishedCited by 4 opinions

APPEAL from District Court, Bingham County. There is no such crime known to the laws of the "United States as “unlawful cohabitation,” nor is there such a crime as “cohabitation.” The time of holding the district courts, as well as the place, is fixed by the judges of the supreme court; but they must be held in the “several counties or subdivisions” -of the district. (IT.

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APPEAL from District Court, Bingham County. There is no such crime known to the laws of the "United States as “unlawful cohabitation,” nor is there such a crime as “cohabitation.” The time of holding the district courts, as well as the place, is fixed by the judges of the supreme court; but they must be held in the “several counties or subdivisions” -of the district. (IT. S. Rev. Stats., sec. 1914.) To convict under the indictment, it was incumbent on the government to prove two principal facts: 1. That the defendant lived (cohabited) with the two women named in the indictment; 2. That a…

1Opinion of the CourtLogan, J.

The defendant was indicted by the grand jury at Blackfoot, Idaho territory, in October, 1887, for a violation of section 3 of the act of Congress approved March 22, 1882, chapter 47, entitled “An act to amend section 5352 of the Revised Statutes of the United States, in reference to bigamy and for -other purposes.” The section reads as follows: “Sec. 3. That if any male person, in a territory or other place over which the United States have exclusive jurisdiction, hereafter cohabits with more than one woman, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be…

2Cases cited7 opinions

  1. Clinton v. EnglebrechtSupreme Court of the United States · 1872
  2. Cannon v. United StatesSupreme Court of the United States · 1885
  3. United States v. BeebeSupreme Court Of The Territory Of Dakota · 1880
  4. Beery v. United StatesSupreme Court of Colorado · 1873
  5. People v. ForsytheCalifornia Supreme Court · 1884

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. SchulzIdaho Supreme Court · 2011
  2. Lyts v. KeeveyWashington Supreme Court · 1893
  3. United States v. LangfordIdaho Supreme Court · 1889
  4. United States v. CozzensIdaho Supreme Court · 1889

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