State v. Travis

Travis was indicted for a felony, pleaded not guilty, and was put upon trial, but the jury failing to agree, a mistrial was entered. Subsequently he was again put upon trial, and during its progress he obtained leave of the court and presented a plea in abatement, setting forth that the prosecutrix was a married woman. The attorney-general replied, admitting that "she was a married woman, but averring that her husband had deserted his family, and had wholly neglected for several years to support them. The court sustained a demurrer to this replication and discharged the defendant, and the…