Wright v. State

The defendant and Jane Ray were indicted for living together in a state of adultery or fornication. Only the defendant was arrested and put upon trial for the offense, his co-defendant having escaped. The court did not err in ordering a severance and proceeding with the trial of the defendant. — Woodley v. The State, 103 Ala. 23 ; Marler v. The State, 67 Ala. 55.

Evidence having been offered by the State tending to show acts of adulterous intercourse within twelve months *61before the finding of the indictment, there was no error in receiving evidence of similar acts prior to that time. Such…