Clay v. State
Court of Appeals of Texas
Appeal from the County Court of Houston. Tried below before the Hon. S. A. Miller, County Judge. This case is sufficiently stated in the opinion.
1Opinion of the CourtWhite, J.
The indictment in this case charges “ that Nancy Clay, on the first day of August, in the year of our Lord one thousand eight hundred and seventy-six, in the county of Houston aforesaid, did unlawfully, willfully, •knowingly, and feloniously cohabit together with and carnally know one William Magrew, the said Nancy Clay then and there being married and her husband still living, and the said Nancy Clay not then and there being divorced from her husband, but then and there being lawfully married,” etc.
The indictment nowhere avers that appellant is not the wife of Magrew, the party with whom she…
2Cases cited1 opinion
- State v. HutchinsonSupreme Judicial Court of Maine · 1853