Roper v. State

LATTIMORE, Judge.

Conviction for fornication; punishment, a fine of $200.

Our attention is called to the fact that the complaint and information herein, in the second count thereof, same being the one upon which the conviction was had, charge that “Roy Roper, an unmarried man, * * * did then and there unlawfully have habitual carnal intercourse with Huida Roper, an unmarried woman.” There is no allegation that this was “without living together”. In all of the authorities known to us in this state it is held that where the parties are charged with adultery or fornication as a result of their…