Randle v. State
Court of Appeals of Texas
Appeal from the County Court of Robertson. Tried below before the Hon. J. E. Crawford, County Judge. The case is sufficiently indicated in the opinion of this court. A fine of $125 was the punishment assessed. No exception to the charge of the court, prior to the motion for a new trial.
1Opinion of the CourtWhite, P. J.
There are two modes by which the crime of adultery as defined in the Code may be committed. 1st. Where the man and woman five together and have carnal intercourse with each other. 2d. Where they have habitual carnal intercourse with each other, without living together. See Penal Code, art. 333.
It is a rule of practice which obtains in criminal as well as civil actions that the allegations upon which the action is founded and the proof adduced must meet and correspond. It is a further rule well settled and established that, where a particular fact or circumstance is alleged as constituting or…
2Cases cited1 opinion
- Coney v. StateTexas Supreme Court · 1875