Witt v. State

MORROW, Presiding Judge.

Adultery is the offense; penalty assessed at a fine of one hundred dollars.

It is charged in the indictment that the appellant and Laura McNeal engaged in habitual carnal intercourse without living together. In her direct examination in behalf of the state, Mrs. Laura McNeal testified that upon two occasions — (once about the first of May and the other about the first of October) — she and the appellant engaged in sexual intercourse. Her testimony was to the effect that she and the appellant had had illicit intercourse twice and no more. In response to a question by the…