Sams v. State

An indictment charged that on or about October 7, 1923, appellant and “Margaret Weeds, being then and there a married woman, and the wife of Chester Weeds, and said Lester Sams and Margaret Weeds not being married to each other, did then and there unlawfully live and cohabit together in a state of adultery,” etc. The jury found him guilty, and the court overruled his motion for a new trial, which ruling is assigned as error. Undisputed evidence showed that appellant was a bachelor more than forty years old, who lived on a farm; that in the early summer of 1923, “a little before strawberry…