State v. Martin

Evans, J. —

I. The prosecutrix is Ada "Winters, an unmarried woman. The defendant Martin was a married man at the time of the acts complained of. The defendant Fry was not mar ried. The evidence introduced by the State’was J sufficient to establish the conspiracy, unless it be true, as contended by the defendants, that it was legally impossible for these defendants to commit the crime charged, because the defendant Fry was unmarried. The prosecution is", had under Section 5059, Code of 1897. Under this statute, we have held that two or more persons may be found guilty of conspiracy to commit…