Hay v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Tom Green. Tried below before the Honorable J. T. Mathison. Appeal from a conviction of fornication; penalty, a fine of $50. The opinoin states the case.
1Opinion of the Court
HAWKINS, Judge.
— Conviction is for fornication; punishment, fine of $50.
The complaint and information charges appellant with having “lived together” and had carnal intercourse with Grace Holloway. The State having elected to charge this method only of committing the alleged offense, is bound thereby, and the proof must sustain the charge or the conviction must fall. Fornication may be committed in one of two ways; 1. By living together and carnal intercourse with each other. 2. By habitual carnal intercourse with each other without living together. Article 494, P. C.; Thomas v. State, 28…
2Cases cited3 opinions
- Mitten v. StateCourt of Appeals of Texas · 1887
- Bird v. StateCourt of Appeals of Texas · 1889
- Thomas v. StateCourt of Appeals of Texas · 1889
3Cited by1 opinion
- Pasquale v. StateCourt of Criminal Appeals of Texas · 1960