Burgett v. State

CARR, Presiding Judge.

The accused, Deliward Burgett, prosecutes this appeal from a judgment of conviction on a charge of living in adultery. Title 14, § 16, Code 1940.

The defendant did not testify in the trial below, nor tender any evidence in his behalf.

The appellant married Pauline Taylor. The couple separated and a divorce decree *470was obtained. The defendant then married Mrs. Edna Burgett. There were two children by the first marriage and four by the second.

The prosecution is based on the contention that the accused left his second wife and without a divorce from her returned to live with…