Pena v. State
Court of Criminal Appeals of Texas
The information charged defendant with adultery. The court instructed the jury to acquit him of that offense and to proceed and determine from the evidence whether he was guilty of fornication and then defined that offense, etc.
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The information charged defendant with adultery. The court instructed the jury to acquit him of that offense and to proceed and determine from the evidence whether he was guilty of fornication and then defined that offense, etc. The State proved by several witnesses that for the last three or four months previous to the charge, one Rosa Sanches lived with defendant; that they lived as man and wife and that they had intercourse with each other and slept together as man and wife, defendant furnishing provisions for the house and the woman doing the washing; that they were not married to each…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of fornication, and his punishment assessed at a fine of $60. The indictment charged appellant with adultery. He insists that inasmuch as he was charged with adultery, he could not be convicted of fornication. In this contention ■he is correct. See Crosgrove v. State, 39 S. W. Rep., 367. Upon the authority of that case the judgment is reversed and the cause remanded.
Reversed and remanded.
2Cases cited1 opinion
- Cosgrove v. StateCourt of Criminal Appeals of Texas · 1897