Adams v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge. —

Without reciting the facts in detail, they seem sufficient to show that appellant and Mrs. Scott lived in the same house. Various witnesses, including appellant, testified to such fact. In such case proof of the alleged adultery would be made out by testimony direct or circumstantial showing one act of intercourse between appellant and Mrs. Scott. Bird v. State, 27 Texas App., 635; Shaw v. State, 49 Texas Crim. Rep., 379. Appellant had a wife and son who lived in town, but he lived out on his farm and ranch, and testified that he needed some one for…