United States v. Clark
Utah Supreme Court
Appeal from an order refusing a new trial and from a judgment of conviction of the district court of the first district. The opinion states the facts. Cohabitation between husband and wife is a question of fact. It is not conclusively presumed from lawful marriage. It is only an incident, not an essential.
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Appeal from an order refusing a new trial and from a judgment of conviction of the district court of the first district. The opinion states the facts. Cohabitation between husband and wife is a question of fact. It is not conclusively presumed from lawful marriage. It is only an incident, not an essential. MurpJi ij v. Ramsey, 114 U. S. 13. Cohabitation may cease between husband and wife and in some cases it will not be renewed even by acts of sexual intercourse between the parties. Stewart on Marriage and Divorce, Sec. 252. 87 Ill., 250, 254. If positive acts of sexual intercourse between…
1Opinion of the Court
HENDERSON, J.:
The defendant was convicted of unlawful cohabitation, in the first district court, under section 3, 22 St. 31, known as the “ Edmunds Law,” and appeals to this court. The record contains an agreed statement of facts from which it appears that the defendant married Sarah Clark over thirty years ago; that she thereby became and still is his lawful wife; that in 1852 he married another woman, named Hannah Clark, and that in September, 1868, he married a third woman, named Francis Clark; that defendant has not lived with the second wife, Hannah, for some years past, but that during…
2Cases cited4 opinions
- Cannon v. United StatesSupreme Court of the United States · 1885
- United States v. SnowUtah Supreme Court · 1886
- Mumford v. Dickert & Myers Sulphur Co.Utah Supreme Court · 1888
- United States v. SmithUtah Supreme Court · 1887