Show THE DECISION if J of tho supreme court inthe angus M bannon caiso 7 I 1 y i JUDGMENT AFFIRMED tho in tho land passed upon word cohabit I 1 U danber cwi iwi 1885 mr justice blatchford delivan d the opinion of the court i i aunis M waa y aaraon jury in ahti district court of district in anil fr the tarri iry of utah in february fur a violation ot section 3 of llie art of congress approved 2 iff 1882 ch l an at A t to 1 bedlion fifty and tift v two offie of lle taffs in ner nce u and for thery gead bat 31 1 of alio act of tle ti ih was a ro f t 1 of the act of july let jau ch 1 23 12 stat here fi act af pf aud 1882 alie indictment against cannon waa UK alie rand jury of the y of america and 1 lur ahe aforesaid afore taid in ritiro airtes aid flord and on ali fir bailis do aal present cati arn laio f aid in alie ter tn wit on thu girat day ot in i he year of our lord ne thousand esylit and on divera other adya and inn baid tirca day af 1882 and the li rut day of february A D 1885 at tho count of salt lake aud ail biah did unlawfully mure than woman to itono anno nand one clura C mason bonn known as clara C the form of alie t the paid united stales in tsu h caf ats made and provided and at alnet tho getce and divinity of the t saiu e 1 the defendant pleaded ind ahe cae ca e wa airie in apryl 1885 iu of built aid a a fice ff SOU li in tle or fix months and further int nt till llie pavia ni of aliu fine after inc jury waa d and and the eliud railed a alie defendant aib alie ori theer aund that llie was defective and ibid not any criminal onenie nor any iu anae under alie f ahe rii ales adri in llie either in llie w adb burds and especially did not chow blat the parson charged waa a malo per yn and wa toft araut a vt or support a of atio court overruled th and alio defendant except J alio fullow nit tok place aa browh by the bilof exceptions heie is inserted the evidence in alb caie cai e adich haa already freen pub counsel ebeo made abo proof woulter to prevo by blits an d to bo called t anion arta married to the belbru llie weins wi ins that to alie ama af ut unda law lie biad ul nd bed with her lai c aviti baill sepi rat lin hal kitchens icat all r law ciul hoshii and cefie is ifs ai roval by the the ass to witness wit nets s that he lid nil intend to viol he atiat lan ant jivu lilliin il bit lung asi it i lionald roi airi a law and at tonii giue aK Mind liia n antina for HO ilo cukr and daring alie uett t cd in hia h 0 did nut occupy the rooms ur bad af pf IT have with lie and to this extent by agreement separated anini tim janem jt neM ahat alt lh ilu in he atin ivi ibave anken their ideala ill S r hasa taken lait lite als the hafl her family in her ahne daya each ha for alie aupp tt bitnes and latr family n m falit r an llian apken eliy frame boy and aud la the ril ol 01 hii viuf alio avit und ila eliat alic iia to rocc ii anti inti n fur winfra winf rf aind hei chrt f and her re eien laut un tie Jeen dant ajr to thiet thereof tho pros ud the objection was mis amed bv lio and the dabit hie cuini arte rte ahti evidence given in llie case the court d fullow ri the indict in liacas li acae en firtl day of jenft in lie at ar of our I ord and on livers other dave continuously be n daiil i e terrt lay of did u lawfully cohabit with inore than nm comanto winsone A i non add ona clara 0 masina binne jiin as clara 0 alt iii aro tho if ir ortho jury deanc ible doubt die lial ID tin alili cann ii anil clara n in tit n antrin tit and ate at th ir ra ertia labat a ne ihra f h tiffy rr ihen thai lib id alit m ut t the world by ln I 1 oy byboth by both aai ji t t naiff ta iff J af liia wives yon should find liim it id clial alie evidence evid enco show that the der de r danl and these women or either occupied the same h ed 0 ill the panic room neither is it necessary eliat the evidence show that within the lime mention cd lie biad sexual inter cousa either of tl ieni I 1 will abate tho law I 1 he defendant innocent until proven beyond a reasonable doubt that you are alie judges of the of the witnesses the ehlt wh lt iff abe evidence und of ahe facts and if yon find the defendant defenda nl vau will dav in your t we he hilry lindther lind the ant guilty in form as charpied ind if you ind him not f you tsay wc lie j ir v irid alin deret adint td int no further or to jiri ax apted to ohp paita of the are cled en enclee yh blackk a ire also aub prayer for in of ivanh ivl nh wa epa raddy by exceptions rf the requests of counsel for defend ant 1 to 1 I which were refused hy hejl purt cd in abo aport 1 of the trial from ithe ai d 0 o hie supreme byirl ofalie territory which iland lip has c a su to this court by a writ of error trie print apal question argued at lie bir wa t the proper construction of ii 3 of IC ACI of that question oi the meaning of in the ee clion ali for lv the defendant Is indicated by hia to hy chiri C non ao e s and anta to abut the of w ali iier and hi ft lmh and t far the jury which are bi sed on the view dial jhb word cohabit idea of li in are that liis is pot the proper alion of tie statute and court he jury that alie was to be found i ahe two ate at their respect tian tallies one alu rd of his time or thereabout there about and liefa them out to the worl worldly dby hia or COB duel or belh nivea and chati t was nut ne thary it should be that lie and the two rt or fUlir llie fanio bed nr slept in alie saini room or that lie had eitnier of them thia interpretation is deducible faconi aliu language of tho statute throughout it refers wholly to the between men and women founded ou hie of actual Y diakes if an ou a inadi or a arman witha airo or husband to marry another and calls yr 3 nyles out he mail annl it a misdemeanor fur liim to cohabit more ban one vt mart 4 s that counts forhay or all of he amed in l and 3 may bo joined in aln 3 certainly has no tf n deicy vo hov hat the cohabitation raji frfd ta hyime of marital relation actual ir so in 0 bisa iny amy and I 1 m lawlor idalion are classed to and it id provided that in u ny for any one of lenses it shall cause of challenge in that deltas been living in hie practice of or 1111 ion wilt more than ine quinan or liaa been cuilty of punishable by eliw erect or thai lie belie yea il lo 10 be ifor a man to leavo living and p timoor tu live in ali more han it the practice W unlawful nire llian iott thatis that is fasail Ua sail ich anil ludm ltd it is hut n iho inc hancl primar ilal wiatt aban aue cumah general cg lili its to t tho statute kiy ilo oatlie biag kal it seeka not only to anih bigamy abid polygamy of can ti badt but ta ant from the iiii htiu and iiii 8 f a bi ald win alli h a alcea act without to what may oc acrin rin of rf littion 6 compact fur noli easily biado aird aa easily broken athen the prior mar i anne i to exist eliw occupation of the buo keptot kept ht up v f aliu unity 14 not a lawful toribio tori tio chidi tho ett itutti tolerates in like brt ainar poly ariy hid cohabit ai ion are in action cc tion G 8 of ie act i 0 authorizes the to amnesty amne oty lo 10 per alty e plyna mv or tle paa act any coliat leiws of chrt united titan i befaro om only for ho only on aliu atia odthe etc V davd in re beird ird to alt ay iy fram voine caury nl t or co inre than and every any bit bitanio anit 01 pewit aha 0 iti mf ahl s s was in it murphy ftc 1114 ut 6 15 watte mr juli ju li allihn Al Hihn for the court in wordia and amiet aniha s hii our opinion any iun M a or bif alst in aba milisa of cecii of aliu aft who ly marpol ri wife BIL 10 illin 1 I vf lt ii i i 3 nl tji H M bwll nf a voter still maintains that relation to of wives although from the date of the pa sage of the act of march 22 1882 the day lc offers to register and vote lie may not in fai t have cohabited ino rc than one woman without regard to tion whether at the time he entered into such relation it was a prohibited and odense or whether by reason of lapse of time since tta commission a prosecution for it may not be barred if tie still maintain the relation he Is a bigam lt or polygamist because eliat is the status which the fixed habit and practice of established lie has a plurality of wives niro than one woman whom lie recognizes recognises as a wife children he ie tho lodged father and whom with children lie m a fam ly 0 which he is alie head nd this as to everal ever nl may well continue to echt as a practical n al a period lie may not in fact cohabit with more than one bof eliat is quite consistent stent with the recognition of alio sail e relation to accompanied yah a poa ible intention to renew cohabitation with one bt convenient it i not be cause alie person has cominiti comi d the on anc of bigamy or polygamy at ome previous time in violation of some existing and aan additional punishment forit s eliat he is di franchised by the act of congress of march 22 1882 nor because he is guilty of as defined and he terms of that net entered into a bigamous or by marriage a bec and or bif while alie hist was living lie still maintains it and lias net dissolved it although fo ilie time being lie restricts actual cohabitation to but one tie in fact abstain afi in actual cohabitation with all and be etall as much a bigamist or a lie cut only cease to be such when li elias finally and fully dissolved in bine effective manner which we are nut called on here td point out the relation of husband tu several wives constituted the lus he biad previously assumed co habitation is but one of the many in to the marriane K is not essential to it one man where such a ay stem haa been rated and practiced may leave several establish each of which may bullie home of d separate family none of which ha himself may dwell in or even visit the statute makes an KS crebs distinction between bigamists biga mists and on theode hand ami cohabit with more than one on the other wh ere as if cohabitation with nivea was essential to the deschi of those who are bigamists biga mists or pola maaia those words in the statute would be and i it tl o t TV y rt r brur cr ur wives is a big W k 1 A the achot march since the cje he may hot have colia blied with more ihan one 1 them in the of aliis interpretation a nun cohabits with ciure thain me woman in alie of sei lions 35 anil 8 of theace the Act ft hen to tho as his w ives by his language langu ae or con duct or by both he lives in with them and eats at the table of eath eat h a portion of his time although lie may not occupy the same bedor alt ep ni the same room with eit harof them leave sexual inter tc with either of them two women out to th world as his wives by misconduct his conduct when the recognized and reputed husband of each so understood to be by the two wives and ly the buu of one of iltem and by alio son of a third re buted wife he maintains the two wivan and the children of each all in the same house with himself and regularly eata at alie table of each and acts as alie head of the two fam this meaning of the phrase co alian one woman inthe in the in nance aittia recognized alie hielm in webster cohabit is de fined 1 to dwell with to or reside in company or in ali e baine place or country 2 to dwell or live together aa husband and wife in worcester it is thus 1 to dwell with another in the fame place 2 to tope lher aa husband and wife the word id never used iu ua girat geanine me anine in a criminal statute and its second that to which its use in aliis has relation the cou it is found and the evils winch yavu rise to the special in regard 10 co habitation require thai ho word should have th which we haye to it brainy and of direct evidence of any but enli more than one lift sense proved in this case wai of the n and it waa od face as was acre proved that 3 of atie act awaa to reach alie exhibition cfall hio indicia of a marriage a household and ft family twice re however in bome divorce baars and in to a question of the condonation of adultery adult fry the have been cited nee of sexual meaning may have been d in oilier ala tui f it no bubli meaning in alie statute before us these views of alic proper 3 show that he evl deac tm court was properly and there was no error in the instructions div an fn to thie jury or in to ive asked aside those wf ro proper to tiava been but wt re offered by the int aten nor i givan open to llie objection that ahe paran in il follow alm nral are not confined totsc lime laid in di ciment objection la tn Kento ahe indictment t e de wa a anile pers n secil 3 making alio benu it spec ilUK abari only lien c by a bialo pr agon ily the act of the of tinli passed ami which a n in forchi ch 1878 jw of W p 0 ula provided u i follo baz i ad I 1 agg sec 1 18 all the forms of pleading in criminal actions anu the rules by which the sufficiency of pleadings arc to be determined are those prescribed by act sec 1 19 the first pleading on alie part of the people is alie indictment sec alio indictment must contain 1 alie title of the action specifying alie name of the court to which the indictment is presented and the names parties 2 A clear and concise statement nf alie acts or omissions constituting thea casc with such particulars of the cinc pace person and property is wil enable the defendant to understand the character of the ou ense complained ofa nd ans indictment ir mut be in the following form territory of utah in the judicial district court alie people of the of utah against A B A ith accuse by the Grand jury ourt by th s indictment of the crime of giving its legal appellation w li a murder arson or the like or designating ita felony or misdemeanor committed as foil ws the said A the day of A D eighteen at the county of here set forth tin act or as fai luense ou ense sec it must be direct and certain as it regards 1 the efly charged 2 the 0 ut nse charged 3 the particular circumstances of the abc iba the words used in an are construed in their usual acceptance in common language except c uch words and as are benned denned de nned by the law which are construed accord ins to their legal meaning ia words bied in a statute to aenne a public aneed nut be firstly fir pursued in the indictment but oilier e same be sc the indictments indict mentis suf it can be understood 11 that it s entitled 3 in a court having authority to receive it though the name of ohp court be not stated 2 that it was found by a rand jury which the court as held 3 that the defendant is named or if his name cannot be discovered that lie is described by a fictitious name with a statement that liis true names to unknown 4 that the fitense committed was within the jurie of the court and is triable therein 5 that alie ou esq was committed at some time phelime ini ahn indictment C that the act ir omission chapped as the and distinctly set forth without repetition and in such a manner as to enable lue court t cl whal Is intended and buu ila youg x vv rai e sec pleading on the part defendant is either a demurrer or aplet section provides that the defendant may demur to the indictment fyhen it appears upon alie face ali at it does not substantially conform t ilio require menia of section loa or aliat do boc institute a public of Tense provides that when the objections mentioned in tiec tion abear upon the face of lie indict ment they cata only be takey by demurrer except that the objection the facts stated do not constitute a public enso may be tak n ut the trial under alie plea of not tty or auer tho trials in arrest of judgment neither a departure from in form or mode prescribed by llila act in respect toi any pleading or noran error or therein renders it invalid unless it has actually prejudiced th tf defendi am attended in tiia prejudice in re certainly under these provisions the defendant gaviri ha pleaded lothe andinor demurred must be held to have distinctly alia WM a male person of tn ottense comi of the being one only a malo berbon could commit and ahe anit t ion from the in f the alienation that c was a malo person could oot havo him or tended to his |