146 P. 51 | Cal. Ct. App. | 1914
The defendants were convicted upon an information charging them with the crime of cohabitation and adultery, as defined by section 269b of the Penal Code. Each defendant appeals from the judgment and from the order of the court denying the motion of defendants and each of them for a new trial.
The case comes clearly within the ruling of this court as declared in People v. Breeding,
The decisions uniformly and thoroughly establish that mere acts of illicit intercourse do not constitute a living together "in a state of cohabitation and adultery," within the meaning of statutes like that under which these defendants *96 have been prosecuted. The evidence is legally insufficient to support the verdict.
The judgment and the order denying a new trial are as to both defendants reversed.
James, J., and Shaw, J., concurred.