Legal Opinion

Spikes v. State

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 5 opinions

Appeal from the circuit court, Harrison county. Hon. T. H. Barrett, Judge. Marvin Spikes and Mrs. B. B. Evans were convicted of unlawful cohabitation under section 10291, of Code 1906. . The facts are stated in the opinion of the court. “This is a proceeding under section 1029 of the Code of 1906, and the intercourse must be habitual. Granbery v. State, 61 Miss. 440; Brown v. State, 8 South.

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Appeal from the circuit court, Harrison county. Hon. T. H. Barrett, Judge. Marvin Spikes and Mrs. B. B. Evans were convicted of unlawful cohabitation under section 10291, of Code 1906. . The facts are stated in the opinion of the court. “This is a proceeding under section 1029 of the Code of 1906, and the intercourse must be habitual. Granbery v. State, 61 Miss. 440; Brown v. State, 8 South. Reporter 257. If we should consider that all the testimony of the state is true, they have only shown two acts of intercourse, and that was on the very day these parties were arrested; the charge having…

1Opinion of the Court

McLain, C.

Appellants were convicted of unlawful cohabitation in the circuit court of Harrison county, Miss., and from that conviction and sentence they áppeal to this court.

We will first give a few of the leading facts as disclosed by the record. Mrs. Evans was living in the1 country with her husband. On account of domestic troubles, she left her "husband the latter part of June, 1909, and went to her mother’s home in Gulfport. Her mother was keeping a boarding house. Mrs. Evans stayed with her mother, working in a laundry and a store. While in Gulf-port, the testimony shows that Marvin…

2Cases cited1 opinion

  1. Granberry v. StateMississippi Supreme Court · 1884

3Cited by5 opinions

  1. Lee v. City of OxfordMississippi Supreme Court · 1924
  2. Van Norman v. StateMississippi Supreme Court · 1978
  3. Cutrer v. StateMississippi Supreme Court · 1929
  4. State v. GranthamSupreme Court of Louisiana · 1922
  5. Blackledge v. SpikesMississippi Supreme Court · 1920

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