Ex parte Thomas

Citations

• 103 Cal. 497
• 37 P. 514
• 1894 Cal. LEXIS 807

Syllabus

<p>Criminal Law—Adultery—Void Judgment—Habeas Corpus.—Adultery is not made a crime by any statute of California, and mere adultery, without the parties living together in open and notorious cohabitation, does not constitute an offense; and a conviction upon a mere charge of the crime of adultery, and a judgment based thereon, is void, and a person held in custody under commitment based upon such judgment will be discharged upon habeas corpus.</p>