8 Iowa 401
Decided June 7, 1859
Supreme Court of Iowa · decided 1859-06-07
Indictment eor Lewdness. The indictment charges that the defendant, on the first day of August, 1858, at, &c., did lewdly and lasciviously associate and cohabit with one Elizabeth Matthews. A demurrer to the indictment, and a motion in arrest of judgment, were overruled, and judgment rendered against the defendant, from which he appeals.
Decided 1859-06-07
¶1The indictment in this case was materially defective,'and the demurrer thereto should have been sustained. To render the defendant liable under section *4022709 of the Code, for lewdly and lasciviously cohabiting with the said Elizabeth Matthews, the indictment should have charged that the parties were not married to each other.
¶2Judgment reversed.