Thomas v. State
Court of Appeals of Texas
Appeal from the County Court of Smith. Tried below before Hon. B. B. Beaird, County Judge. The opinion discloses the case. The penalty assessed against each of "the defendants was a fine of fifty dollars.
1Opinion of the Court
White, Presiding Judge.
Appellants were both convicted in the court below upon a joint indictment charging them with fornication, by living together and having carnal intercourse with each other.
As in adultery, so, under our statute, fornication may be committed in one of two modes: 1. By living together and having carnal intercourse with each other. 2. By habitual carnal intercourse with each other without living together. The only distinction between the two offenses being that the offense of adultery is where either of the parties is married, whilst in fornication both are unmarried. Penal…
2Cited by2 opinions
- Hay v. StateCourt of Criminal Appeals of Texas · 1922
- Storey v. StateCourt of Criminal Appeals of Texas · 1923