Green v. State

PRENDERGAST, Judge.

The appellant was prosecuted by complaint and information on two counts, one for adultery and the other fornication. He was convicted for fornication, that being the only ground submitted by the court in the charge.

The complaint upon which the information was based was by John Champion, who swore: “I have reason to believe that on or about June 1, 1910, in Brown County, Texas, Jerry Green, an unmarried man, did unlawfully have habitual intercourse,” etc. A motion was made in the lower court to quash the complaint and information, because the information did not charge in…