Cannedy v. State

DAVIDSON, Presiding Judge.

Omitting formal parts, the information charges appellant, an unmarried man, did then and there unlawfully have habitual carnal intercourse with one Lena Cornwell, a woman, the said Lena Cornwell being then and there an unmarried woman, contrary to the form of the statute, etc.

Appellant moved to quash the information because it charged no offense, which motion was overruled. Article 357 of the Penal Code thus defines this offense: “Fornication is the living together and carnal intercourse with each other, or habitual carnal intercourse with each other without living…