Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 39

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...was sustained, which told the jury that it was not necessary to a conviction that the criminal parties should hold each other out as man and wife. O Wolff v. Matthews. But in the instruction which was given in State '0. Berry, supra, and which was approved by the Kansas City Court of Appeals, the jury were told that, in order toa conviction, they must find that " the defendant did stay with (sic) and dwell together, for the purpose of having iliicit sexual intercourse." We think th_at this element of dwelling together for the purpose of having lewd and lascivious intercourse is a necessary ingredient of the offense under the statute, and is necessary to discriminate the oflense from occasional acts of illicit sexual intercourse, which, according to the decisions above cited, do not constitute the ofiense. In other words, it seems to us that where the parties live together in a lawful relation and for lawful purposes, as master and servant, or otherwise, and the purpose of their dwelling together, is not to have habitual sexual intercourse with each other, and there is nothing to show that they came together or continued together for that purpose, occasional acts of sexual intercourse, committed while they are so dwelling together, however reprehensible in morals, do not constitute the offense against which the statute was leveled. The judgment will be reversed and the defendant discharged. All the judges COI1(: T'.I'. MARCUS A. WOLFE, Appellant, v. ELIZABETH A. MArrHEws, Respondent. St. Louis Court of Appeals, February 18, 1890. 1. Practice, Appellate: JURISDICTION. When the supreme court transfers a cause to this court on the ground that the amount involved brings the cause within the jurisdiction of this court, it...show more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236871820
  • 9781236871824