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208 Miss. 753

State v. Winslow

Mississippi Supreme Court

Decided April 10, 1950

Mississippi Supreme Court · decided 1950-04-10

Good law ✅— No negative treatment on recordhow we know

Decided 1950-04-10

How this case has been cited

Cited by 6 later decisions — most recently July 2017

6 state decisions

201950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Alexander, J.

¶1dissenting.

¶2Section 458, Code of 1942, is not a punitive statute, it merely defines what marriages are incestuous. Among these is the marriage of a father with his daughter-in-law. The concluding clause of the statute that “the like prohibition shall extend to females in the same degrees” can mean nothing but that, mutatis mutandis, a mother-in-law may not marry her son-in-law. As stated, this Section, however, goes no further than to characterize such relationships as. incestuous. Section 2000, Code of 1942, makes it a crime for those falling within the definition of Section 458 who shall cohabit together as husband and wife. Both parties are guilty, if one is guilty.

¶3Unquestionably the Legislature was merely trying to save time and language by the last clause of Section 458. Under our construction we have gone further and saved from prosecution all.males who have entered into such an alliance, whose offense is deemed to be only that they are married to one who is forbidden to contract such marriage.

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