Sweenie v. State

William J. Sweenie was convicted and sentenced under that provision of section 208 of the Criminal Code which makes it unlawful for any unmarried man to “live and cohabit with a married woman in a state of adultery.” One of the assignments of error is based on the fact that the court, during the progress of the trial, permitted the prosecuting attorney to indorse on the information the name of Louis Straka, who, being after-wards called as a witness, gave material testimony i behalf of the state. The statute makes it the duty of the public prosecutor to indorse on the information at the time…