Smith v. State

DAVIDSON, Presiding Judge.

This conviction was for adultery, the punishment being assessed at a fine of $250.

The indictment charged the adultery as having occurred by -means of habitual carnal intercourse without living together, appellant having a living wife, to wit: Alice Smith. Willie Smith testified that she had been married to appellant; that this occurred in January, 1908; that she lived with him about three months, and the theory of the State was that appellant in October, 1908, married Alice Smith. That about the first of November appellant began having intercourse with the witness,…