Lascivious Lewdness

I^wd and lascivious conduct in public, or at least practised with such publicity as to be punishable as contra honos mores. It is an offence sometimes distinguished from lascivious cohabitation (q. v.), and is described as open and lascivious lewdness; Mc Clain, Cr. L. § 1135. The specific characterization of the offence is the openness and publicity of the act as distinct from a secret act; Com. v. Wardell, 128 Mass. 62, 35 Am. Rep. 357. The offence need not be a joint one, — one person only may be guilty therein; State v. Caldwell, 8 Baxt. (Tenn.) 676; and when two are charged so that both must have been guilty if one was, one may be convicted and the other acquitted; State v. Miller, 81 la. 72, 46 N. W. 751. An indictment should follow the statute; married to each other and that the offence was open and public; State v. Moore, 1 Swan (Tenn.) 136. The crime cannot be established by general reputation; Buttram v. State, 4 Coldw. (Tenn.) 171; but It may be by circumstantial evidence; Peak v. State, 10 Humph. (Tenn.) 99; and proof has been admitted of similar acts proved at a previous trial for the same offence; Mynatt v. State, 8 Lea (Tenn.) 47.