Warner v. State

Robert Warner and Lúcile Dean were charged by a single affidavit with violating §457, ch. 169, Acts 1905, §2552 Burns 1926, which provides that “whoever cohabits with another in a state of adultery or fornication shall be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or both.” From a judgment assessing a fine and imprisonment against each of them, after trial and a finding of guilty by the court, they appealed. 1

The evidence is that a man and woman were registered at the Calhoun Hotel in Fort Wayne as “Robert Warner and wife,…