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State v. Clinch

The State of Iowa v. Clinch

State v. Clinch, 8 Iowa 401 (1859)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
June 7, 1859
Judges
Stockton
Citations
8 Iowa 401
Cited by 2
Headnotes
To render a defendant liable under section 2109 of the Code, for lewdness, the’indictment should charge that the parties were not married to each other.
Summary
Appeal from, the Benton District Court. Indictment eor Lewdness. The indictment charges that the defendant, on the first day of August, 1858, at, &c., did lewdly and lasciviously associate and cohabit with one Elizabeth Matthews. A demurrer to the indictment, and a motion in arrest of judgment, were overruled, and judgment rendered against the defendant, from which he appeals.

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

Opinion of the Court — Stockton

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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 *402 2709 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.

How later courts describe this case

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

Cited by 2 cases

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1907: 11913: 119072026peak 1907 · 1

Relies on it most ⓘ

  1. Teston v. State63 So. 433 (Fla. 1913)
  2. State v. Hillman106 S.W. 603 (Mo. Ct. App. 1907)

Most recent

  1. Teston v. State63 So. 433 (Fla. 1913)
  2. State v. Hillman106 S.W. 603 (Mo. Ct. App. 1907)

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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