Supreme Court of Alabama January 15, 1865 (Smith v. State)

PHELAN, J.

The charge of the court, “that one act of criminal intimacy was not sufficient to constitute the offense” of living in adultery or fornication under our statute, was correct; but the qualification which the court gave, was not so. No previous arrangement, or agreement between the parties, can make that “ a living in adultery or fornication,” which would not be so without it.