Hafley v. State

The appellant is convicted of adultery,

This is a companion ease to Yates v. State (No. 5308) 209 S. W. 407, this day decided. The information contains the same vice as that referred to in Yates v. State, namely, it fails to allege that the parties were not living together, the absence of which allegation is fatal to the indictment. See Cannedy v. State, 58 Tex. Cr. R. 184, 125 S. W. 31. Since the case must be reversed and dismissed because of the insufficiency of the indictment, we have not made a critical examination of the evidence. We note the contention, however, that the case of Cordill…