Shaw v. State

DAVIDS OH, Presiding Judge.

This conviction was for adultery; and is a companion case to that of Coons v. State, decided at the present term. The charge is that appellant and Coons were committing adultery “by living together.” A special charge was requested to the effect that in order to constitute this offense as charged, “the parties must live together as man and wife,” which was refused by the court. It is not necessary that the parties should “live together as man and wife” in order to constitute adultery under this phase of the statute. Bird v. State, 27 Texas Crim. App., 635; Massey v.…