Legal Opinion

Leonard v. State

Supreme Court of Arkansas

Decided February 3, 1913PublishedCited by 4 opinions

Appeal from Independence Circuit Court; Eugene Lankford, Judge on exchange; STATEMENT BY THE COURT. On November 4, 1911, Fayette Leonard was indicted in Independence County for the crime of illegal cohabitation. He was convicted and fined in the sum of fifty dollars, and appeals to this court.

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Appeal from Independence Circuit Court; Eugene Lankford, Judge on exchange; STATEMENT BY THE COURT. On November 4, 1911, Fayette Leonard was indicted in Independence County for the crime of illegal cohabitation. He was convicted and fined in the sum of fifty dollars, and appeals to this court. Pearl Gilbert, the girl with whom appellant was alleged to have lived in illegal cohabitation, testified that she knew Leonard in 1910 and 1911. She stayed at the house, with him and was not his wife. "Witness DeCamp was the marshal of the town of Batesville. He knew Leonard in 1911. Leonard lived in…

1Opinion of the Court

Wood, J.,

(after stating the facts). The appellant and Pearl Gilbert sustained to each other a relation in the house like that of husband and wife. She lived in the house with him, performing the ordinary duties of washing, cooking and housekeeping like a wife would in many cases perform. She slept in the same room with him, and necessarily must have eaten at the same table. Appellant was divorced and had no wife in the house with him. The evidence, we think, fully warranted the jury in finding that the offense of illegal cohabitation, as defined by the statute and construed by the court, was…

2Cases cited3 opinions

  1. Taylor v. StateSupreme Court of Arkansas · 1880
  2. Bush v. StateSupreme Court of Arkansas · 1881
  3. Lyerly v. StateSupreme Court of Arkansas · 1880

3Cited by4 opinions

  1. Valentine v. StateSupreme Court of Arkansas · 1913
  2. State v. HoffmanNorth Dakota Supreme Court · 1938
  3. Wilson v. Thurston National InsuranceSupreme Court of Arkansas · 1972
  4. Hovis v. StateSupreme Court of Arkansas · 1924

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