Alonzo v. State
Court of Appeals of Texas
■ Appeal from the County Court of Webb. Tried below before the Hon. J. M. Rodriguez, County Judge. The indictment in this case was joint against the appellant and Lydia Huberick, charging that the appellant, an unmarried male, and the said Lydia, a married female, committed the crime of adultery together, in the county of Webb. A severance was had, and the said Lydia was first placed upon trial.
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■ Appeal from the County Court of Webb. Tried below before the Hon. J. M. Rodriguez, County Judge. The indictment in this case was joint against the appellant and Lydia Huberick, charging that the appellant, an unmarried male, and the said Lydia, a married female, committed the crime of adultery together, in the county of Webb. A severance was had, and the said Lydia was first placed upon trial. She was acquitted by the jury, and this defendant was thereupon arraigned, and his plea that the acquittal of his co-defendant operated as an acquittal of himself being overruled, his trial was…
1Opinion of the Court
Willson, Judge.
Defendant and one Lydia Huberick were jointly charged by information with living together in adultery, defendant being unmarried, and said Lydia being a married woman. Lydia Huberick severed from her co:defendant upon the trial" and was tried first, the trial resulting in her acquittal. When defendant’s case was subsequently called for trial he filed a special plea of former acquittal, in substance setting forth that the information charged a joint offense against Lydia and himself; that they were charged with adultery with each other; *384that a severance was granted; that Lydia…
2Cases cited2 opinions
- State v. EllisSupreme Court of Missouri · 1881
- State v. SandersSupreme Court of Iowa · 1870
3Cited by1 opinion
- State v. CarrollSupreme Court of South Carolina · 1889