Court of Criminal Appeals of Texas, 1961

Gordon v. State

Gordon v. State
Court of Criminal Appeals of Texas · Decided May 10, 1961 · McDonald
171 Tex. Crim. 243

Gordon v. State

Opinion of the Court

McDonald, judge.

Adultery is the offense; the punishment, a fine of $600.

The state relied upon three acts of intercourse without a living together to constitute “habitual carnal intercourse,” within the meaning of Art. 499, V.A.P.C.

The only evidence of the commission of acts of intercourse on June 5 and June 8, 1960, is found in appellant’s confession.

*244In the absence of corroborating testimony, the confession is insufficient to sustain the judgment. Carroll v. State, 143 Tex. Cr. Rep. 269, 158 S.W. 2d 532; Robinson v. State, 148 Tex. Cr. Rep. 439, 188 S.W. 2d 182.

Because the evidence is insufficient to support the conviction, the judgment is reversed and the cause is remanded.

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