State v. Clinch ( 1859 )

Stockton, J.

The indictment in this case was materially defective,'and the demurrer thereto should have been sustained. To render the defendant liable under section 2709 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.

Judgment reversed.