Cook v. State

HAWKINS, Judge.

— Appellant is under conviction for fornication with punishment assessed at $50 fine.

Our State’s Attorney confesses error upon the ground that the evidence shows a common-law marriage had been entered into between appellant and Benny Kellam, and that the living together and cohabitation of the parties was by virtue of this contract of marriage. We agree with'his views.

The facts may be succinctly stated as follows: At the time of trial and for nine years prior thereto appellant had been working in the packing house in the city of Fort Worth. For more than a year he and Benny…