State v. Clinch
8 Iowa 401
Iowa
1859
Check Treatment
Stockton, J.

The indictment in this case was materially defective,'and the demurrer thereto should have been sustained. To render the defendant liable under section *4022709 of the Code, for lewdly and lasciviously cohabiting with the said Elizabeth Matthews, the indictment should have charged that the parties were not married to each other.

Judgment reversed.