Russ v. State

JOHNSON, Chief Judge.

This is an appeal from a judgment of conviction after a jury verdict of guilty, and sentence thereon.

We think it is necessary that the facts be spelled out in this case in order that our decision herein may not be misconstrued.

It appears that the appellant, after being advised by the prosecuting witness in this case that she was pregnant with his child, married the prosecuting witness on April 10, 1969. She had been previously married, and divorced in September 1968, but continued to live and cohabit with her divorced exhusband until March 1969, less than 30 days before…