People v. Moreland

Appellate Court of Illinois

People v. Moreland

186 Ill. App. 562

DecidedMay 1, 1914

StatusPublished

This text of 186 Ill. App. 562 (People v. Moreland) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Moreland, 186 Ill. App. 562 (Ill. Ct. App. 1914).

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Opinion

Mr. Justice Higbee

delivered the opinion of the court.

2. Adultery, § 7*—when verdict not responsive to the indictment. Under an indictment charging a married man with living with an unmarried woman in an open state of adultery and fornication, a verdict finding the defendant guilty of adultery in the manner and form as charged in the indictment, held not responsive to the indictment for the reason that it did not find that defendant was guilty of openly living together with the woman named, such being necessary to constitute the crime. 3. Adultery, § 3*—when adultery or fornication constitutes a crime. The commission of adultery or fornication, however immoral, is not a crime under our statutes; to constitute the crime there must he an open living together by the parties in a state of adultery and fornication.

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Mr. Justice Higbee

delivered the opinion of the court.

2. Adultery, § 7*—when verdict not responsive to the indictment. Under an indictment charging a married man with living with an unmarried woman in an open state of adultery and fornication, a verdict finding the defendant guilty of adultery in the manner and form as charged in the indictment, held not responsive to the indictment for the reason that it did not find that defendant was guilty of openly living together with the woman named, such being necessary to constitute the crime. 3. Adultery, § 3*—when adultery or fornication constitutes a crime. The commission of adultery or fornication, however immoral, is not a crime under our statutes; to constitute the crime there must he an open living together by the parties in a state of adultery and fornication.

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Bluebook (online)

186 Ill. App. 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moreland-illappct-1914.