Granberry v. State

Citations

• 61 Miss. 440

Syllabus

<p>1. Adultery. Habitual sexual intercourse. Section 2700, Code 1880, construed. In order to establish the offense defined by $ 2700, Code of 1880, it must be shown that the parties, whether dwelling together or not, habitually indulge in sexual intercourse.</p> <p>2. Same. It is not necessary that the parties shall dwell together or publicly avow the , relationship existing between them. It is sufficient to show that relationship which, whether avowed or concealed, if publicly known would characterize the woman as mistress of the man. It is habitual concubinage or lying together which constitutes the cohabitation meant by the statute.</p> <p>3. Same. Occasional acts of intercourse. Where a cohabitation, using the words in the usual sense, is shown, one or more acts of sexual intercourse clearly proven, or circumstances from which' such intercourse would necessarily be inferred, as sleeping together, would uphold a verdict of guilty. But in the absence of evidence of such cohabitation, it is not sufficient to prove occasional acts of sexual intercourse.</p> <p>4. Same. Case in judgment. H. was a pupil of G. and testified that on five or six occasions during a scholastic term of three months, she remained at the school-room after the other pupils had been dismissed, at which times and place, but at no other, G. had sexual intercourse with her. Held, that this did not constitute the offense defined by the statute.</p>