{ "id": 1903672, "name": "Turney v. State", "name_abbreviation": "Turney v. State", "decision_date": "1895-02-16", "docket_number": "", "first_page": "259", "last_page": "261", "citations": [ { "type": "official", "cite": "60 Ark. 259" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "32 Ark. 187", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1877181 ], "weight": 2, "opinion_index": -1, "case_paths": [ "/ark/32/0187-01" ] }, { "cite": "19 N. E. 330", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": -1 }, { "cite": "56 Mo. 147", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 938934 ], "opinion_index": -1, "case_paths": [ "/mo/56/0147-01" ] }, { "cite": "36 Ark. 86", "category": "reporters:state", "reporter": "Ark.", "opinion_index": -1 }, { "cite": "32 Ark. 19", "category": "reporters:state", "reporter": "Ark.", "opinion_index": -1 }, { "cite": "10 Mass. 153", "category": "reporters:state", "reporter": "Mass.", "case_ids": [ 2027016, 2027037 ], "opinion_index": 0, "case_paths": [ "/mass/10/0164-01", "/mass/10/0163-01" ] }, { "cite": "54 Me. 365", "category": "reporters:state", "reporter": "Me.", "case_ids": [ 8844504 ], "opinion_index": 0, "case_paths": [ "/me/54/0365-01" ] }, { "cite": "32 Ark. 187", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1877181 ], "opinion_index": 0, "case_paths": [ "/ark/32/0187-01" ] }, { "cite": "19 N. E. 330", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "36 Ark. 86", "category": "reporters:state", "reporter": "Ark.", "opinion_index": 0 } ], "analysis": { "cardinality": 331, "char_count": 4859, "ocr_confidence": 0.565, "pagerank": { "raw": 2.688681729758013e-07, "percentile": 0.8273264194167305 }, "sha256": "325149486869f67310109ed935440a617834c1fb2d797f35df154040b918d41e", "simhash": "1:b8344222a19d5a49", "word_count": 823 }, "last_updated": "2023-07-14T20:00:53.045035+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Turney v. State." ], "opinions": [ { "text": "Wood J.\nThe defendant was convicted of the crime of illegal cohabitation. The proof showed that he and a certain woman, traveling from Searcy county, stopped over night at the house of a lady in Marion county. They claimed to be husband and wife, and slept in the same bed. They were not married.\nThe court instructed the jury that \u201cif defendant, being at the house of Mrs. Wilson, in company with Margaret Nelson, falsely represented to Mrs. Wilson that Margaret Nelson was his wife, and obtained lodging in her dwelling house for one night by reason of said false representation, slept in her bed in said house with said Margaret Nelson, and you believe he had sexual intercourse with the said Margaret Nelson while in said bed, you will be authorized to believe they cohabited together as husband and wife, within the meaning of the statute.\u201d Proper exceptions were saved to this, and the defendant asked the court, in substance, to declare the opposite, which was refused. Does the above instruction declare the law? \u201cCohabit\u201d means \u201cto dwell with; to dwell or live together as husband and wife.\u201d Webster. To \u201cdwell\u201d means \u201cto abide as a permanent resident, or to inhabit for a time; to live during a considerable period in a place, to have a habitation for some time or permanence ; to be domiciled ; to remain.\u201d Webster. The law lexicographers define it: \u201cTo dwell together in the same house; to live together as husband and wife; to live together in the same house, claiming to be married.\u201d Rapalje\u2019s, Burrill\u2019s, Bouvier\u2019s and Kinney\u2019s Daw Dictionaries, verbo, \u201cCohabit.\u201d\nIn Calef v. Calef, 54 Me. 365, it is said : \u201cThe primary meaning of the word \u2018cohabit\u2019 is to dwell with some one, not merely to visit or see them. It includes more than that.\u201d In Com. v. Calef, 10 Mass. 153, it is said : \u201cBy cohabiting must be understood a dwelling or living together, not a transient and single unlawful interview.\u201d Mr. Bishop, in his work on Marriage, Divorce and Separation, says : \u201cTo cohabit is to dwell together, so that matrimonial cohabitation is the living together of a man and a woman ostensibly as husband and wife.\u201d Sec. 1669. And in a note to this section he approves of the definition given in Ohio v. Connoway, Tappan, 90, where \u201ccohabiting\u201d is defined \u201cas a living together in the same house; a boarding or tabling together,\u201d carrying \u201cwith it the idea of a fixed residence,\u201d in contradistinction to a mere traveling in company together.\nIn an Indiana case, where the statute prohibits cohabiting in a state of adultery or fornication, the Supreme Court said: \u201cTo cohabit, in the sense of the statute, is for a man and woman to live together in the manner of husband and wife. It implies a dwelling together for some period of time, and is to be understood as something different from occasional, transient interviews for unlawful and illicit intercourse.\u201d Jackson v. State, 19 N. E. 330. These authorities are in consonance with our own decisions upon the subject. Sullivan v. State, 32 Ark. 187; Taylor v. State, 36 Ark. 86.\nThe mere stopping over one night at a house upon a transitory journey, and assuming the marital relationship for purposes of illicit sexual commerce, however scandalous and disgraceful from a moral standpoint, is not within the inhibition of our statute. Criminal statutes must be strictly construed. The term \u201ccohabitation\u201d has a definite legal signification, and, when used in criminal statutes, conveys the idea of living or dwelling together as husband and wife. Such conduct would be very convincing evidence, if connected with other facts and circumstances going to show a degree of permanency or continuity in the ostensible relationship, but would not of itself \u201cauthorize\u201d the jury to convict of illegal cohabitation.\nReversed, and remanded for a new trial.", "type": "majority", "author": "Wood J." } ], "attorneys": [ "E. G. Mitchell and Marshall & Coffman for appellant.", "E. B. Kinsworthy, Attorney General, for appellee." ], "corrections": "", "head_matter": "Turney v. State.\nOpinion delivered February 16, 1895.\nIllegal cohabitation \u2014 Sufficiency of proof.\nProof that a man and woman stopped over one night at a house upon a transitory journey, and assumed the marital relationship for purposes of illicit intercourse, is not of itself sufficient to sustain a conviction of cohabiting together as husband and wife, under Sand. & H. Dig. sec. 1688.\nAppeal from Marion Circuit Court.\nBrice B. Hudgins, Judge.\nE. G. Mitchell and Marshall & Coffman for appellant.\nA single act is not sufficient, under our statute. 32 Ark. 19; 13 111. 597; 36 Ark. 86; 56 Mo. 147; 19 N. E. 330; 1 Am. & Fng. Enc. Law, 211, 212. There must be a residing together for some period of time, and habitual illicit intercourse. One night at a stranger\u2019s house is not sufficient.\nE. B. Kinsworthy, Attorney General, for appellee.\nNo certain length of time is necessary to constitute the offense. Cohabitation means to dwell and live together as husband and wife. One day or night is sufficient. Reviews 32 Ark. 187; 36 id. 86 ; 36 id. 39." }, "file_name": "0259-01", "first_page_order": 275, "last_page_order": 277 }