{
  "id": 8726150,
  "name": "State v. Dunn",
  "name_abbreviation": "State v. Dunn",
  "decision_date": "1870-12",
  "docket_number": "",
  "first_page": "34",
  "last_page": "35",
  "citations": [
    {
      "type": "official",
      "cite": "26 Ark. 34"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T20:17:12.742099+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "State v. Dunn."
    ],
    "opinions": [
      {
        "text": "GRE&g, J.\nThe grand jury of Pulaski county, on the 12th of February, 1869, filed an indictment in the circuit court of said county, against the appellee and Jinnie Harrison.\nIn the second count of the indictment it was charged that said \u201cEllick Dunn and Jinnie Harrison, on the 25th day of December, 1868, and on divers other days and times, in the year aforesaid, did then and there illegally cohabit together \u2014 they, the said Ellick Dunn and Jinnie Harrison, not being then and there husband and wife \u2014 to the injury of public morals, contrary to the statute, and against the peace and dignity of the State of Arkansas.\u201d\nThe appellee appeared in court, and demurred to said second count. The court sustained the demurrer. The prosecuting attorney then entered a nolle prosequi to the first count in the indictment, and the court rendered judgment that the defendant go hence, without day; and the attorney for the State prayed an appeal to this court.\nThe second count in the indictment was clearly bad.\u2019 There is no charge that Dunn was a man, and Harrison a woman, or vice versa, or that they co-habited as husband and wife.\nThere is no statute in this State prohibiting persons from cohabiting together, nor is such an offense at common law.\nThe judgment of the circuit court is affirmed.",
        "type": "majority",
        "author": "GRE&g, J."
      }
    ],
    "attorneys": [
      "Montgomery, Attorney General, for appellant.",
      "W. J. Warwick, for appellee."
    ],
    "corrections": "",
    "head_matter": "State v. Dunn.\nIllegal Co-habitation. \u2014 An indictment for illegal co-liabitation, should charge the parties to be of different sexes, and that they co-habited as husband and wife. The statutes of this State do not prohibit person\u00bb from co-habiting together, nor is such an offense at common law.\nAppeal from, Pulaski Gireuit Court.\nHon. John 'Whytock, Circuit Judge.\nMontgomery, Attorney General, for appellant.\nW. J. Warwick, for appellee."
  },
  "file_name": "0034-01",
  "first_page_order": 50,
  "last_page_order": 51
}