Battle v. State

1. Where, under the provisions of Code § 26-5801, the accused is indicted in four counts charging him with fornication, in that he was an unmarried man and the female was an unmarried woman; with adultery, in that he was a married man and the female was a married woman; with fornication and adultery, in that he was a married man and the female was an unmarried woman; and with fornication and adultery, in that he was an unmarried man and the female was a married woman; and the only evidence of the marital status of the defendant is that he asked one of the arresting officers to keep the…