The act may constitute adultery as to the man, although, as to the woman, it is effected by force and against her will: State v. Donovan, 61-278. Where two acts of intercourse a week apart were proved, and the prosecution, at the close of the arguiment, elected to rely upon one of them, held, that this removed the evidence as to the other from the jury and cured any error there might have been in its admission: Ibid. It is essential that the state prove that the prosecution was commenced by the wife. The averment in the indictment that it was so commenced will not be presumptive proof of its truth: State v. Henke, 58-457. But the state is not required to prove the fact beyond a reasonable doubt: State | SEC. 4009. v. Donovan, 61–278. The appearance of the wife before the grand jury, in response to a subpoena, and the giving testimony against the husband without intending to prefer a charge, but supposing she was required to do so, would not constitute a complaint by the wife: Ibid. The words "husband or wife" as used in this section, refer to and mean the spouse of the person charged with the offense: Bush v. Workman, 19 N. W. Rep., 910. The provisions of § 4010, as to the presumption arising from absence, do not apply as against a defendant to establish the validity of his marriage with a wife who had previously been married: State v. Henke, 58-457. 1010. The lawful wife is a competent witness against the husband in a prosecution for bigamy: See notes to $ 3641. The continuing to cohabit, after a bigamous marriage, consummated within the state, is a crime in itself, in such sense that the parties may be tried therefor, although the lapse of An indictment for this crime, stattime since the marriage is such as to ing that the date of the lawful marbar prosecution for the marriage it-riage was to the grand jury unknown, self: The State v. Sloan, 55-217. that it took place in Illinois, and that Penalty for at the time of the second marriage although the second marriage was consummated in another county; but evidence of the second marriage in such other county is proper, not to show a crime in that county, but to fix the nature of the subsequent cohabitation: Ibid. The testimony of a witness as to the fact of marriage is sufficient without record evidence thereof: Ibid. It seems that the fact that defendThe guilty party may be prose- ant in a second marriage acted uncuted in any county where he unlaw-der reputable legal advice would be fully cohabits with a second wife, no defense: Ibid. SEC. 4010. The provisions of this section are not applicable where, in a prosecution for adultery, it is attempted to show that defendant was married by SEC. 4013. proof of a marriage with a woman who had been previously married: State v. Henke, 58-457. 1011. [20 G. A., ch. 142, § 1, repeals this section and enacts in lieu thereof the following:] SEC. 4013. If any person keeps a house of ill-fame, resorted to for the purpose of prostitution or lewdness, such person shall keeping house be punished by imprisonment in the penitentiary not less than six months nor more than five years. of ill-fame. Penalty for en ticing females to house of ill fame. Penalty for lewdness. A previous conviction under an in- | section, as it stood before amendment, dictment charging only an offense of imprisonment in the penitentiary: under Code § 4091 will not warrant a The State v. Holmes, 56-588. sentence, on conviction under this SEC. 4016. [20 G. A., ch. 142, § 2, repeals this section and enacts in lieu thereof the following:] SEC. 4016. If any person entice back into a life of shame any person who has heretofore been guilty of the crime of prostitution, or who shall inveigle or entice any female before reputed virtuous to a house of ill-fame, or knowingly conceal or assist or abet in concealing such female, so deluded or enticed for the purpose of prostitution or lewdness, he shall be punished by imprisonment in the penitentiary not less than three nor more than ten years. [The same act contains the following:] SEC. 3. If any person for the purpose of prostitution or lewdness resorts to, uses, occupies or inhabits any house of ill-fame or place kept for such purpose, or if any person be found at any hotel, boarding house, cigar store or other place leading a life of prostitution and lewdness, such person shall be punished by imprisonment in the penitentiary not more than five years. SEC. 4. The state, upon the trial of any person indicted for Fvidence on keeping a house of ill-fame, may, for the purpose of establishing the character of the house kept by defendant, introduce evi trial. dence of the general reputation of such house as so kept, and such evidence shall be competent for such purpose. 1012. SEC. 4018. [20 G. A., ch. 195, repeals this section and enacts the following as a substitute therefor:] deceased persons may be medical SEC. 4018. Any coroner or undertaker, or the superintendent What bodies of or managing officer of any public asylum, hospital, poor house or penitentiary shall deliver to any medical college or school or any delivered to physician in this state for the purpose of medical and surgical schools or phystudy, the body or remains of any deceased person except when sicians. such body has been interred, but no such body shall be so delivered without the consent of the relatives or friends of such deceased person if any such are known, nor when such deceased person expressed a desire during his last sickness that his body should be interred. If the body of any person is so delivered and the same shall be subsequently claimed by any relative or friend of such deceased person, such body shall be given up to such relative or friend. Any person who delivers or receives any Penalty. body or remains having knowledge that any of the foregoing provisions have been violated shall upon conviction thereof be punished as provided in the foregoing section. SEC. 4026. 1014. An indictment substantially charg- | play at cards, &c.. for money, cigars, ing that defendant did keep a house, beer and other things, held, suffi&c., in which he did permit divers cient: State v. Kaufman, 59-273. persons to the jurors unknown to SEC. 4028. 1015. Playing billiards, with the under- [ The offering by an agricultural standing that the person losing the society of a premium to the winner game shall pay for the use of the at a horse race held under its autable, is gambling. Whether the thority, does not constitute an offense game played is one of skill or one of under this section: Delier v. Plychance is immaterial under this sec-mouth County Agricultural Society, Sion: The State v. Miller, 53-154. SEC. 4029. 57-481. Negotiable instruments of the char- [ fore maturity: Traders' Bank v. Alacter here described are void, even in sop, 19 N. W. Rep., 863. the hands of an innocent holder he AFTER SEC. 4029. GAMBLING IN OPTIONS. [Twentieth General Assembly, Chapter 93.] Unlawful to SECTION 1. It shall be unlawful for any corporation, association or society, person, or persons to keep within this state any keep a place to store, office or other place, wherein is conducted or permitted the gins. deal in mar Unlawful to make such contracts. Proviso. Punishment. of persons infected. pretended buying or selling of grain, pork, lard, or any mercantile or agricultural products on margins, without any intention of future delivery, whether such pretended contracts are to be performed within or without this state; and the keeping of all such places is hereby prohibited; and it shall be unlawful for any person, corporation, association or society, within this state, to make or enter into any contract, or pretended contract, such as is above stated and referred to, and all such contracts are hereby prohibited; the intention of this act being to prevent and prohibit within this state the business now engaged in and conducted in places commonly known and designated as bucket shops. Provided, however, that this act shall not apply to or in any way affect any contract for the actual buying or selling of any commodity whatever for present or future delivery, where the actual delivery or receipt of the thing sold is contemplated, and in good faith intended by either of the parties to the contract. SEC. 2. Any person whether acting individually or as a member of any copartnership, corporation, association or society, guilty of violating any of the provisions of this act shall upon conviction thereof be adjudged to pay a fine for each offense of not less than one hundred dollars nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty days nor more than one year, or be both fined and imprisoned at the discretion of the court. SEC. 4030. To constitute incest the parties must have carnal knowledge of each other. A woman who is ravished cannot be said to have carnal knowledge of the man. Connection be SEC. 4039. tween persons within the prohibited degrees, consummated by force, is rape and not incest: The State v. Thomas, 53-214. 1017. [20 G. A., ch. 102 amends this section by adding thereto the following:] Or, if any person shall place, or put, or aid, or abet, in placing Transportation or putting any person upon any railroad car, steamboat, or other public conveyance knowing such persons to be infected with diphtheria, small-pox, or scarlet fever, he shall be punished by fine of not more than one hundred dollars or by imprisonment in the county jail not more than thirty days. Penalty. articles of food 1018. ADULTERATION OF FOOD, DRINK AND MEDICINE. [Nineteenth General Assembly, Chapter 170.] SECTION 1. No person shall mix, color, stain, or powder, or Adulterating order or permit any other person to mix, color, stain, or powder with injurious any article of food with any ingredient or material so as to render the article injurious to health, with the intent that the same may be sold, and no person shall sell or offer for sale any such article so mixed, colored, stained, or powdered. materials. jurious mate SEC. 2. No person shall, except for the purpose of compound- Adulterating ing in the necessary preparation of medicine, mix, color, stain, or drugs or medipowder, or permit any other person to mix, color, stain, or pow- cines with inder any drug or medicine with any ingredients or materials, so rials. as to affect injuriously the quality or potency of such drug or medicine, with the intent to sell the same, or shall offer for sale any such drug or medicine so mixed, colored, stained, or powdered. medicine for SEC. 3. No person shall mix, color, stain, or powder any article Adulterating of food, drink, or medicine, or any article which enters into the food drink or composition of food, drink, or medicine, with any other ingredient profit, notice. or material, whether injurious to health or not, for the purpose of gain or profit, or sell or offer for sale the same, or order or permit any other person to sell or offer for sale any article so mixed, colored, stained, or powdered, unless the same be so manufactured, used or sold, or offered for sale, under its true and appropriate name, and notice that the same is mixed or impure is marked, printed, or stamped upon each package, roll, parcel, or vessel containing the same, so as to be and remain at all times readily visible, or unless the person purchasing the same is fully informed by the seller of the true names of ingredients (if other than such as are known by the common name thereof) of such articles of food, drink, or medicine, at the time of making the sale thereof or offering to sell the same: Provided, nothing in this coloring matsection shall prevent the use of harmless coloring material used ter in butter in coloring butter and cheese. and cheese. sugar. cheese brand ated with o eo labeled. SEC. 4. No person shall mix any glucose or grape sugar with Mixing glucose syrup or sugar intended for human food; and any cheese manu- with syrup or factured from skimmed milk, or from milk that is partly skimmed, shall be branded as skimmed-milk cheese, when the same is Skimmed milk offered for sale; or any oleomargarine, suine, beef-fat, lard or any ed. other foreign substance with any butter or cheese intended for Butter or human food; or shall mix or mingle any glucose, grape sugar, or cheese adulteroleomargarine with any article without distinctly marking, stamp- margarine. suing, or labeling the article or the package containing the same ine, etc, to be with the true and appropriate name of such article, and the per centage in which glucose or grape sugar, oleomargarine, or suine enters into its composition. Nor shall any person sell, or offer for sale; or permit to be sold, or offered for sale, any such food, for sale. into the composition of which glucose or grape sugar, oleomargarine, or suine has entered, without at the same time informing the buyer of the fact and the proportion in which glucose or grape sugar, oleomargarine, or suine has entered into the composition. Offering same SEC. 5. Any person or persons convicted of violating any pro- Penalty. visions of any of the foregoing sections of this act shall, for the first offense, be fined not less than ten dollars nor more than fifty dollars. For the second offense they shall be fined not less than twenty-five [dollars] nor more than one hundred dollars, or confined in the county jail not more than thirty days. And for the third and all subsequent offenses they shall be fined not to exceed [not less than] five hundred dollars, nor more than one thousand dollars, and imprisonment in the state prison not less than one year nor more than five years. |
