Calloway v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of adultery, his punishment being assessed at a fine of $100.

The complaint and information charge that appellant and Alice Abohosh, a woman, committed adultery by having habitual carnal intercourse with each other without living together. The court charged the jury, that if they should find that the parties had habitual carnal intercourse with each other, etc., they would find appellant guilty. Appellant reserved an exception to this charge, because it omitted to instruct the jury that they must further find that habitual intercourse was had…