Grice v. State

Citations

• 75 Fla. 751
• 78 So. 984

Syllabus

<p>1. To constitute the crime of living in an open state of adultery, there must be a living together openly as if the legal relation of husband and wife existed between the parties; a mere occasional illicit intercourse is not sufficient, but there must be a living or residing together openly as if the Conjugal relation existed, coupled with acts of sexual intercourse.</p> <p>2. The mere living together of two persons of opposite sexes, either of whom is married to a third person, does n'ot constitute the offense of living in an open' state of adultery.</p> <p>3. The offense of living in an open state of adultery, may be established by eircumstantiial evidence, but acts of sexual intercourse must be clearly established by circumstances which raise the unavoidable presumption of their Commission.</p>