Reynolds v. State

BERRY, Judge. —

Appellant was convicted in the County Court of 'Denton County for the offense .of adultery, under an indictment charging that he had habitual intercourse with this alleged paramour, and his punishment was assessed at a fine of $350.00.

His alleged paramour was the principal State witness, and she testified that he had intercourse with her about half a dozen times during the winter of 1922-1923. This was all the testimony as to the number of acts, or in fact of any acts of intercourse.

The State’s Attorney confesses error, in that the evidence is insufficient to show habitual…