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State v. Gooch

State v. Gooch, 7 Blackf. 468 (1845)
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Court
Indiana Supreme Court · State Highest Courts
Decided
July 23, 1845
Judges
Sullivan
Citations
7 Blackf. 4681845 Ind. LEXIS 79
Headnotes
An indictment against an unmarried man for living in open and notorious fornication with a certain woman, need not aver that she is unmarried.
Summary
ERROR to the Morgan Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sullivan

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Sullivan, J.

— The defendant was indicted for living in open and notorious fornication with one Sarah Lang, he being an unmarried man. Whether S. L. was married or unmarried, does not appear by any distinct averment in the indictment. The Court, we are informed, quashed the indictment because it did not aver tfcat she was an unmarried woman.

On this question we admit there is some room for doubt, but our conclusion is, that the Court should not have quashed the indictment. It is not necessary that an indictment should negative every conceivable fact that may change the character of an offence. If, in the present case, the guilty accomplice of the defendant were a married woman, it would be a matter of which the defendant could avail himself on, the trial, and, by proving her married, be acquitted of the charge of fornication. We think the objection rests entirely in proof, and that the defendant should have been required to plead to the indictment.

Per Curiam.

— The judgment is reversed with costs. Cause remanded, &c.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1853–1854: 11877–1878: 11881–1882: 11885–1886: 11901–1902: 118532026peak 1853 · 1

Relies on it most ⓘ

  1. State v. Stephens63 Ind. 542 (1878)
  2. Schmidt v. State78 Ind. 41 (1881) · Dissent
  3. Heckman v. Swartz24 N.W. 473 (Wis. 1885)
  4. State v. Shoemaker4 Ind. 100 (1853)
  5. Stanton v. State60 N.E. 999 (Ind. Ct. App. 1901)

Most recent

  1. Stanton v. State60 N.E. 999 (Ind. Ct. App. 1901)
  2. Heckman v. Swartz24 N.W. 473 (Wis. 1885)
  3. Schmidt v. State78 Ind. 41 (1881) · Dissent
  4. State v. Stephens63 Ind. 542 (1878)
  5. State v. Shoemaker4 Ind. 100 (1853)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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