Carotti v. State
Mississippi Supreme Court
Error to the circuit court of Marshall county. Clayton, J. The opinion of the court contains a statement of the case. Under the statute, Art. 8, Rev. Code, 573-4, the plaintiffs in error were tried and convicted. The phraseology of the act is too plain to admit of a doubt.
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Error to the circuit court of Marshall county. Clayton, J. The opinion of the court contains a statement of the case. Under the statute, Art. 8, Rev. Code, 573-4, the plaintiffs in error were tried and convicted. The phraseology of the act is too plain to admit of a doubt. The court below seemed to concur with us in this charge: “ That occasional instances of sexual intercourse, even if the jury from the evidence believe that such did occur, are not sufficient to justify a verdict of condemnation. To warrant a conviction, the jury must believe from the evidence that the defendants did live…
1Opinion of the Court
Peyton, J.:
The record in this case shows that the plaintiffs in error were, *1568"at the July special term-of the circuit court of Marshall county j indicted for living together in unlawful cohabitation, from the 1st day of March to the 1st day of July, 1867, and that at the September term of the said court they were tried and convicted; that a motion was made to set aside the verdict and grant them a new trial, which was overruled by the court. To which ruling of-the court-the plaintiffs in error excepted, .and' the court then pronounced judgment upon them. And the cause comes here by writ of…
2Cases cited1 opinion
- State v. MarvinSupreme Court of Iowa · 1861
3Cited by15 opinions
- State v. GardnerSupreme Court of Iowa · 1916
- State v. ChandlerSupreme Court of Missouri · 1896
- Lee v. City of OxfordMississippi Supreme Court · 1924
- Jones v. CommonwealthSupreme Court of Virginia · 1885
- Thomas v. StateSupreme Court of Florida · 1897
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