Bird v. State

Citations

• 27 Tex. Ct. App. 635
• 11 S.W. 641
• 1889 Tex. Crim. App. LEXIS 102

Syllabus

<p>1. Adultery is an offense which, under the present law of this State, can be committed in but one of two ways: 1, by the parties (one or both being legally married to some other person) living together and having carnal intercourse with each other; and, 2, by the parties havh g habitual carnal intercourse with each other without living together. To convict under the first mode the proof must shów a living together of the parties, but need show no more than a single act of carnal intercourse, but under the second mode the carnal intercourse must be shown to have been habitual.</p> <p>2. Same—Term Defined—Fact Case.—“Living together,” though not defined by the code, means within the purview of the statute defining adultery, that the parties “dwell or reside together; abide together in the same habitation as a common or joint residing place.” The conviction in this case is for adultery committed by the first mode, but the evidence, failing to show that the parties lived together, although it proves habitual intercourse, is insufficient to support the conviction.</p>