Brevaldo v. State

Citations

• 21 Fla. 789

Syllabus

<p>1. Upon au indictment for living in an opsn“state of adultery on a certain day and on dicers other days and times since said date to the day of the finding of the indictment, evidence of acts anterior to such time are admissible in evidence as tending to illustrate or explain similar acts within the period alleged in the indictment, or to corroborate testimony of such latter acts, but not to convict of a substantive oifence committed anterior to such period.</p> <p>3. Where there has been a conviction upon such an indictment, and there is no evidence of a living in an open state of adultery within the limited period, but there is proof of such a living about a year prior to the first day of such period, a new trial should be granted, the introduction of such evidence having been properly excepted to.</p>