Cook v. State
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; F. Loyd Tate, Judge. Lib Cook and Maggie Holt were convicted of living' together in a state of adulterous fornication, and they appealed. The evidence did not make out a case, and the defendants were entitled to an acquittal. 4 Port. 467; .29 Ala. 313.
1Opinion of the CourtSamford, J.
To sustain a conviction for the offense of adultery or fornication, there must he proven by the state, beyond a reasonable doubt, either hy direct evidence or hy facts and circumstances that will warrant the jury in reaching the conclusion that there has been at least one act of illicit intercourse, with an agreement between the defendants, either expressed or implied, to continue the relation whenever opportunity offered and they so desire. Brown’s Case, 108 Ala. 18, 18 South. 811.
We have examined the record in this case and the evidence utterly fails to justify a conviction, but rather…
2Cases cited1 opinion
- Brown v. StateSupreme Court of Alabama · 1895
3Cited by3 opinions
- Beard v. StateAlabama Court of Appeals · 1923
- Brown v. StateAlabama Court of Appeals · 1928
- Burgett v. StateAlabama Court of Appeals · 1954