Legal Opinion

State v. Coffey

Missouri Court of Appeals

Decided April 21, 1891PublishedCited by 1 opinion

Appeal from, the Texas Circuit Court. — Hon. C. C. Bland, Judge. (1) The. court erred in admitting illegal and improper evidence over the objections of defendants made thereto at the time. The testimony introduced by the state, impeaching the character of defendants for chastity, was inadmissible and should have been excluded, and defendants’ objections thereto should have been sustained. State v. Clawson, 30 Mo.

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Appeal from, the Texas Circuit Court. — Hon. C. C. Bland, Judge. (1) The. court erred in admitting illegal and improper evidence over the objections of defendants made thereto at the time. The testimony introduced by the state, impeaching the character of defendants for chastity, was inadmissible and should have been excluded, and defendants’ objections thereto should have been sustained. State v. Clawson, 30 Mo. App. 139. The effect of this evidence could only be to convict the defendants upon hearsay testimony and common repute in the neighborhood. They were being tried for the same offense…

1Opinion of the CourtBiggs, J.

The defendant Coffey is a married man, and his codefendant is an unmarried woman. They were jointly indicted, tried and convicted, under the second clause of section 3798 of the Revised Statutes of 1889, which reads: “And every man and woman, one or both of whom are married, and not to each other, who shall lewdly and lasciviously abide and cohabit with each other, * * * shall, upon conviction, be adjudged guilty of a misdemeanor.”

The defendants have appealed, and assign for error the refusal of the court to sustain a demurrer to the plaintiff’s evidence, and the admission of incompetent and…

2Cases cited3 opinions

  1. State v. WestSupreme Court of Missouri · 1884
  2. State v. ClawsonMissouri Court of Appeals · 1888
  3. State v. OsborneMissouri Court of Appeals · 1890

3Cited by1 opinion

  1. State v. SibleySupreme Court of Missouri · 1895

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