Russell v. State

BROOKS, Judge.

Appellant was convicted of adultery and his punishment assessed at a fine of $125.

The evidence in the case showed that appellant admitted his marriage to Tillie Russell. It further showed that appellant, while so married, habitually visited the home of Mary McSwecn, a widow, and was seen in actual intercourse with her on one occasion, and was seen in and about her home, and in her room, on various and sundry other occasions, no one else being at home except her and her little children. Appellant asked the court to charge the jury as follows: “You are instructed that the burden…