Thomas v. State

• Decision Date: 23 May 1894
• Citation: 26 S.W. 724
• Parties: THOMAS v. STATE.
• Court: Texas Court of Criminal Appeals

26 S.W. 724

THOMAS v. STATE.

Court of Criminal Appeals of Texas.

May 23, 1894.

Appeal from Ellis county court; B. M. Daniel, Judge.

Lucy Thomas appeals from a conviction for adultery. Affirmed.

S. C. McCormick, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.

HURT, P. J.

This is a conviction for adultery. The information is sufficient. It does not, in one count, charge two distinct offenses, but distinct methods by which the same offense may have been committed. Such pleading is commendable. The adultery is alleged to have been committed with Hans House, he being married at the time. Counsel insists that the evidence fails to prove that House was a married man. A marriage license was issued for the marriage of House and "Eunie" Allison, which was performed on the 22d day of February by S. Pratt, a minister of the Gospel. The license and return thereon were introduced in evidence. That House was a married man at the time he and appellant lived together is quite certain. But counsel for appellant contend that the name of the woman whom he married was not "Eunie" Allison but "Eunice" Allison. Concede this to be true; he married her in good faith, and the marriage was legal. This information does not allege that House had been, and was then, married to Eunice, but it charges that he was then and there lawfully married to another person then living. The judgment is affirmed.