State ex rel. Van Nice v. Whealey

The defendant is the sheriff of Moody county and as such holds the relator in custody upon, and after conviction of, the alleged crime of adultery. The relator has sued out of this court a writ of habeas corpus, asking that he be released on the ground that the statute under which he was convicted is void. The statute, so far as immediately involved, reads as follows: ‘ ‘Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex, and when the crime is committed between parties only one of whom is married, both are guilty of adultery.” Section 1, c.…