Judges: CHAPMAN, J.
Attorneys: Mulkey Mulkey, of Geneva, Alabama, and Whitfield Whitfield of Tallahassee, Florida, for Plaintiffs in Error;
George Couper Gibbs, Attorney General, and T.J. Ellis,
Assistant Attorney General, for Defendant in Error.
Filed: Mar. 08, 1940
Latest Update: Mar. 02, 2020
Summary: The record in this case discloses that W.A. Watson and Kate Mathis were informed against in two counts by the State Attorney of Okaloosa County, Florida, on the 26th day of April, 1938, and the second count, on which plaintiffs in error were convicted, charged that they, not then and there being married to each other, did unlawfully live in an open state of adultery, the said W.A. Watson then and there being married, and the unlawful cohabitation is alleged to have occurred within two years prio
Summary: The record in this case discloses that W.A. Watson and Kate Mathis were informed against in two counts by the State Attorney of Okaloosa County, Florida, on the 26th day of April, 1938, and the second count, on which plaintiffs in error were convicted, charged that they, not then and there being married to each other, did unlawfully live in an open state of adultery, the said W.A. Watson then and there being married, and the unlawful cohabitation is alleged to have occurred within two years prior..
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These parties were placed on trial three days after the information was filed. They had no counsel to represent them. I think there was some illegal and irrelevant testimony adduced by the State (in perfect good faith I am sure), which no doubt prejudiced the jury against the defendant Watson, as well as his co-defendant. After reading the record carefully, I feel that these plaintiffs in error should have a new trial.
WHITFIELD, P. J., concurs.
