Pena v. State (46 Tex. Crim. 458, 1904)

Texas Court of Criminal Appeals 1904-05-04

Citations

Full opinion text

BROOKS, Judge.

Appellant was convicted of fornication, and his punishment assessed at a fine of $60. The indictment charged appellant with adultery. He insists that inasmuch as he was charged with adultery, he could not be convicted of fornication. In this contention ■he is correct. See Crosgrove v. State, 39 S. W. Rep., 367. Upon the authority of that case the judgment is reversed and the cause remanded.

Reversed and remanded.