Williams v. State

BRICKEN, Presiding Judge.

This is the second appeal in this case. Williams v. State, 25 Ala. App. 342, 146 So. 422, 423.

The evidence shows but slight material difference from that on the former trial.

The indictment, in three counts, charged felonious adultery or fornication, in that this appellant, a negro or descendant of a negro, and Bessie Batson, a white woman, did live in adultery or fornication with each other, etc. A severance was granted, and this appellant was tried alone.

As in all criminal cases, the burden is upon the state to prove every material allegation in the indictment, and…