State v. Byron
Supreme Court of Missouri
Appeal from Si. Louis Criminal Court. Indictment for adultery. The second count of the indictment was precisely as follows : “ And the grand jurors aforesaid, upon their oath aforesaid, do further present, that Richard J. Byron, late of St. Louis county, on the first day of January, in the year of our Lord 1853, and on divers other days and times, between that day and the day of the finding of this indictment, unlawfully and wickedly did lewdly and lasciviously abide and…
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Appeal from Si. Louis Criminal Court. Indictment for adultery. The second count of the indictment was precisely as follows : “ And the grand jurors aforesaid, upon their oath aforesaid, do further present, that Richard J. Byron, late of St. Louis county, on the first day of January, in the year of our Lord 1853, and on divers other days and times, between that day and the day of the finding of this indictment, unlawfully and wickedly did lewdly and lasciviously abide and cohabit with one Eliza Miller, he, the said' Richard J. Byron, being then and on said other days and times there a married…
1Opinion of the CourtScott, Judge
Byron, who was a married man, was indicted for living in a state of open and notorious adultery with an unmarried woman, and for lewdly and lasciviously abiding and cohabiting with the same woman, (naming her.) There were two counts in the indictment, charging, these separate offences. The jury found the defendant guilty under each count, and on the first assessed the punishment at three months’ imprisonment in the county jail, and on the second, at a fine of $300. As only one offence was proved on the trial, the court granted a new trial on the first count, and thereupon the circuit attorney…
2Cited by6 opinions
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- State v. FosterWest Virginia Supreme Court · 1883
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