Garland v. State

BROOKS, Judge.

Appellant was convicted of adultery and his punishment assessed at a fine of $200.-

The indictment in this case contains two counts, the first for fornication, and the second for adultery. This is authorized by the practice in this State. See Cosgrove v. State, 37 Texas Crim. Rep., 249.

The first ground of the motion • complains that the evidence is insufficient to support the verdict, since same fails to show that at the time of the alleged commission of the offense of adultery, for which appellant was convicted, as stated, that appellant was lawfully married to Mollie Garland as…