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.