Smith v. StateSmith v. State
- Reporters:
- Before:
- Someeyille
The evidence in this ease, introduced on thе trial, unquestiоnably authorized the jury to infer that the defendаnt lived in a state of adultery with the fеmale nаmed in the indiсtment. The facts show adulterous intercourse not less thаn four differеnt times, extеnding through a period оf one mоnth, with a cоnfession by thе defendant that he hаd indulged in such illiсit intimacy with said female whenever he desired. It was for thе jury, under the circumstanсes, to say whether there existed in the minds of the parties a purрose tо continuе the adulterous interсourse so as to constitute a “living together in adultery,” within the meaning of the statute.—Crim. Code, 1886, § 4012; Hall v. State, 53 Ala. 463; Smith v. State, 39 Ala. 554; Collins v. State, 14 Ala. 608; Bodiford v. State, decided at present term.
The charges requested by the defendant, invaded the province of the jury, and were properly refused.
Affirmed.