42 W. Va. 215 | W. Va. | 1896
Charles H. Miller and Susan Hatton, having been convicted in the Circuit Court of Lincoln on an indictment for lewd and lascivious cohabitation, appeal the ease here.
No evidence was given but that of the state. Miller •owned land, and was engaged in the work of clearing it, employing a number of hands; and he employed Susan
Could the defendants be convicted of fornication on this evidence? I think not. If they could, that would not show them guilty of the offense of which they are indicted, for transient acts of intercourse, though they may be items of evidence going, with other circumstances, to show lewd and lascivious cohabitation, do not, by any means, alone establish it. A separate section of the Code from that under which this indictment was found applies to that. The statute says “lewdly and lasciviously associate and cohabit together.” Code 1891, c. 149 s. 7. Webster gives the verb “cohabit” two meanings, one, “to inhabit or reside in company, or in the same place or country.” Of
The evidence is inadequate. This is not a case where a verdict is set aside as contrary to the evidence, but is one where the verdict is without sufficient evidence. This dis
Judgment reversed. Verdict set aside. New trial awarded.