Fornication is charged in this indictment as the offense of these defendants. At the Galveston session (1869) of this court, in the case of The State of Texas v. John Foster, it was decided that the moral offense of fornication, not having been defined in the Criminal Code, it is not punishable under the law as it now exists. The decision in that settles this case.

The judgment of the court below, quashing the indictment, is affirmed.

Affirmed.