State v. Cassida

Citations

• 67 Kan. 171
• 72 P. 522
• 1903 Kan. LEXIS 224

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Illicit Cohabitation — Statute Construed. The offense of lewdly and lasciviously abiding and cohabiting together of a man and woman, one or both of whom are married, and not to each other, as denounced in section 2221 of the General Statutes of 1901, is not shown by proving a single act, or even occasional acts, of sexual intercourse between the parties, but the commission of such act or acts must be shown under such circumstances as to indicate an abiding or cohabiting together, in a relationship like that of husband and wife.</p> <p>2. -Relation of Master and Servant Not Conclusive. The relationship of master and servant, or mistress and hired man, between the parties to such acts does not necessarily exclude the existence of the other relationship, which must be shown in order to create such offense. The parties may sustain both relations to each other at the same time.</p>