In re Barton

Henderson, J.:

Tbe case, as stated in tbe petition, is that tbe petitioner was on tbe thirteenth day of April, 1888, twice indicted by tbe grand jury of tbe third district court; that both indictments were found and presented at tbe same time; that tbe names indorsed on each, as witnesses, were tbe same; that one charged him with the crime of adultery, alleged to have been committed with one Mary Busley; that tbe other charged him with tbe crime of unlawful cohabitation, alleged to have been committed by living with Mary Barton and Mary Busley as bis wives; that tbe indictment for adultery…