Tribbey v. State

The appellant was tried by a jury and convicted on an indictment returned by the grand jury of Rush county, charging him with living and cohabiting in a state of adultery with one Blanche Alsman, a married woman.

From a judgment on the verdict the appellant appeals and assigns as error: (1) That the trial court erred in ovérruling appellant’s motion to quash the indictment. (2) The trial court erred in overruling appellant’s motion for a new trial.

The charging part of the indictment reads as follows: “That one John B. Tribbey, then and there a man late of said county, on the 26th day of…