Granberry v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wi-iarton, Judge. The facts are stated in the opinion. Section 2700, Code 1880, under which the indictment is found, has never been construed, and we would request the court, should this case be reversed upon other grounds, to give to it a judicial construction,as many different interpretations have been placed on it.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wi-iarton, Judge. The facts are stated in the opinion. Section 2700, Code 1880, under which the indictment is found, has never been construed, and we would request the court, should this case be reversed upon other grounds, to give to it a judicial construction,as many different interpretations have been placed on it. The first half of the section defines and fixes the penalty of the nffense and the latter half — apparently in conflict in part with the first half — prescribes what evidence shall be sufficient to sustain the charge. We…
1Opinion of the CourtCooper, J.
The appellant has been indicted and convicted of the offense of adultery, which crime is defined by § 2700 of the Code of 1880 as follows: “If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum *443not more than five hundred dollars each and imprisoned not more than six months, at the discretion of the court [and it shall not be necessary to constitute the offense that the parties dwell together publicly as husband and wife, but it may be proved by circumstances which show habitual sexual intercourse].”
The statute above quoted, except so…
2Cases cited2 opinions
- Carotti v. StateMississippi Supreme Court · 1872
- Kinard v. StateMississippi Supreme Court · 1879
3Cited by9 opinions
- Saunders v. AlfordMississippi Supreme Court · 1992
- State v. ChandlerSupreme Court of Missouri · 1896
- Lee v. City of OxfordMississippi Supreme Court · 1924
- Cutrer v. StateMississippi Supreme Court · 1929
- Spikes v. StateMississippi Supreme Court · 1910
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