Stewart v. State

BRICKEN, Presiding Judge.

From a judgment of conviction for the offense of living in adultery or fornication, this appeal was taken.

Upon the trial in the court below numerous witnesses for the State, and also for the defendant, were examined. We have examined all of said testimony and in no single instance have we found any evidence tending to show any act of intimacy, or lewdness, between the parties who were *289indicted in this case. Therefore upon authority of the following enumerated cases, we hold that the trial court erred in overruling and denying defendant’s motion for a new trial. There…