Bailey v. State

PRENDERGAST, Judge.

— The appellant was convicted of fornication with Gertie Taylor by having habitual carnal intercourse with her on or about Eebruary 26, 1911, without their living together, both being unmarried, and fined $325.

The testimony conclusively showed that both were unmarried, and that they did not live together, but lived about one-half mile apart. Gertie Taylor, the prosecutrix, testified that appellant first had carnal intercourse with her one night in April, 1910, while he was taking her home from Dry Creek schoolhouse, and that he waited on her as his sweetheart during the…