Walding v. State

Krueger, Judge.

The conviction is for adultery; the punishment assessed is a fine of $100.00.

Appellant’s first contention is that the evidence is insufficient to justify and sustain his conviction under the charge in the complaint and information wherein it is averred that Wood Walding, a married man, and Kate Goodrich, a married woman, did, on or about the 10th day of August, 1937, commit adultery by then and there having habitual carnal intercourse without living together.

In order to meet the allegation in the complaint and information, it was necessary that the evidence show (1) that each…