Cloud v. State
| Decision Date | 20 November 1912 |
| Parties | CLOUD et al. v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Walton County; D. Stuart Gillis Judge.
William Cloud and Ada Strickland were convicted of crime, and bring error. Reversed.
Syllabus by the Court
To convict of the crime of lewd and lascivious association and cohabitation under section 3519 of the General Statutes of 1906, there must be proved both lewd and lascivious intercourse, and a living or dwelling together as though the conjugal relation existed between the parties, when that relation does not lawfully exist. When the evidence shows a lewd and lascivious intercourse between the parties, but does not show that they associated and cohabited together as man and wife, a conviction should not be sustained, since an essential element of the offense is not proven.
COUNSEL W. T. Bludworth, of De Funiak Springs, for plaintiffs in error.
Park Trammell, Atty. Gen., and C. O. Andrews, of Tallahassee, for the State.
WHITFIELD C.J.
The information in two counts charges that the defendants, a man and a woman, and not being lawfully married to each other 'did unlawfully and lewdly and lasciviously associate and cohabit together as man and wife, and did openly and grossly cohabit together, and * * * unlawfully and openly and grossly occupy the same room and bed, in open, lewd, and public cohabitation.' A conviction was had on both counts.
The statute provides that 'if any man and woman not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman married or unmarried, is guilty of open and gross lewdness and lascivious behavior, they shall be punished,' etc. Section 3519, Gen. Stats.
The information is obviously based upon the penalty imposed by the statute when a man and woman, not being married to each other, 'lewdly and lasciviously associate together,' and the information does not charge the offense of 'open and gross lewdness and lascivious behavior.'
To convict of the crime of lewd and lascivious association and cohabitation, under section 3519 of the General Statutes there must be proved both lewd and lascivious intercourse and a living or dwelling together as though the conjugal relation existed between the parties, when that relation does not lawfully exist. When the evidence shows a lewd and lascivious intercourse between the parties, but...
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