20 Mo. 419 | Mo. | 1855
delivered the opinion of the court.
At the April term of the Circuit Court, within and for the eounty of Shannon, in the year 1854, the grand jury indicted John Bess and Polly Bess, (alias Polly Cox,) for open, gross lewdness and lascivious behavior, by publicly, lewdly and lasciviously abiding and cohabiting with each other.
“ State of Missouri, county of Shannon. In the Shannon Circuit Court — April term, 1854. The grand jurors for the state of Missouri, impanneled, &c., upon their oath present, that John Bess and Polly Bess, (alias Polly Cox,) both late of Shannon county, on the first day of May, in the year eighteen hundred and fifty-three, and on divers other days between that day and the time of the finding of this bill of indictment, with force and arms, at, &c., did then and there live in a state of open and notorious adultery, and did then and there lewdly and lasciviously abide and cohabit with each other ; and was then and there guilty of open, gross lewdness and lascivious behavior, by then and there publicly, lewdly and lasciviously abiding and cohabiting with each other, contrary,” &c.
This indictment is for an alleged offence against the eighth section of the eighth article of the act concerning crimes and punishments, (R. C. 1845, p. 400,) which is as follows : “ Every person who shall live in a state of open and notorious adultery; and every man and woman, (one or both of whom are married, and not to each other,) who shall lewdly and lasciviously abide and cohabit with each other; and every person married or unmarried, who shall be guilty of open, gross lewdness or lascivious behavior, or of any open and notorious act of public indecency, grossly scandalous, shall, on conviction, be adjudged guilty,” &c.
The indictment charges that the-defendants " did live in a state of open and notorious adultery,” and “ did then and there lewdly and lasciviously abide and cohabit with each other.” We do not consider the indictment good in respect to either one of these charges and specifications ; it is not sufficient to
The defendants are charged with being guilty of open, gross lewdness and lascivious behavior by publicly, lewdly and lasciviously cohabiting with each other. The offence charged is an act of open, gross lewdness and lascivious behavior. The manner in which the offence is perpetrated is by the defendants publicly, lewdly and lasciviously cohabiting together. There is nothing in the objection of the defendants to the indictment,