Tucker v. State
Texas Supreme Court
Appeal from Chambers. Tried below before the Hon. William Chambers. The appellant was found guilty in the court below, and fined one hundred dollars. The parties were negroes.
1Opinion of the CourtEvans, P. J.
The indictment charges that the appellant, having “a living, lawful wife, from whom he had never been divorced, did cohabit and live in adultery with one Lucy Sanders.”
This indictment lacks one of the essential averments of an indictment for adultery, in this, that it does not aver that Lucy Sanders is not the wife of the appellant.
A leading feature of our law is, that no man shall be convicted of an offense until he shall have been plainly and intelligibly charged with it, “in its entire extent.” (2 Bishop C. P., §527; Paschal’s Dig., Art. 2863.)
To support a conviction for adultery, it must…
2Cited by2 opinions
- Teston v. StateSupreme Court of Florida · 1913
- State v. HillmanMissouri Court of Appeals · 1907