Qualls v. State

HA EPEE, Judge.

I can not concur in the reversal of this case, but think the judgment should be affirmed.

The first error stated in the above opinion reversing the case is stated as follows: “It will be noted the court did not submit the issue that if defendant’s wife abandoned him in Oklahoma, that his subsequent refusal to live with her in Coryell County would entitle him to an acquittal.” The court did instruct the jury: “Unless you find from the evidence beyond a reasonable doubt that the defendant committed the offense of seduction upon Miss Olive Pierce as alleged in the indictment you…