Heath v. State

By accusation in the city court the defendant was charged “ with the offence of adultery and fornication,” for that on April 23, 1892, he “ did then and there unlawfully live together in a state of adultery and fornication with Ella Richardson, he the said E. L. Heath being then and there an unmarried man, and she the-said Ella Richardson being then and there a married woman whose husband was other than E. L. Heath.” The defendant demurred to the accusation, on the-*127ground that it charges him in the same count with two-separate offences, to wit, with the offence of living in a state of…