Wolff v. State

The indictment in the case charges that the appellants did unlawfully live together in a state of fornication, both being then and there unmarried. It has been held, time and again, that fornication, not having been expressly defined, is not an offence against the laws of this State. Pasc. Dig., arts. 1603, 1605; The State v. Foster, 31 Texas, 578; The State v. Smith, 32 Texas, 167; The State v. Rahl, 33 Texas, 76. The only mention made of such an offence in our Penal Code is in art. 2022, Paschal’s Digest, which reads thus: “ Every man and woman who shall live together in adultery or…