Spikes v. State

Citations

• 98 Miss. 483
• 54 So. 1

Syllabus

<p>1. Adultery. • Unlawful cohabitation. Section 1029, Code 1906.</p> <p>In order to establish the offense defined by section 1029, Code 1906, it must be shown that the parties, whether dwelling together or not, habitually indulge in sexual intercourse.</p> <p>2. Same.</p> <p>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. S'ame. Occasional acts of intercourse.</p> <p>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 such cohabitation, it is not sufficient to prove occasional acts of sexual intercourse.’</p>