Whitfield v. State

The defendant, Homer E. Whitfield, alias W. H. Jackson, plaintiff in error, was jointly indicted with Edna Tompkins upon a charge of unlawfully and feloniously living together in an open state of adultery. Upon motion of the state attorney there was an order of severance, after which plaintiff in error was tried and found guilty as charged. Writ of error was taken to review the judgment imposing the sentence upon him.

Before entering his plea defendant moved to quash the indictment. The alleged legal insufficiency is that the indictment charges the offense to have been committed “on the 1st…