King

The defendants were convicted upon an information charging them with the crime of cohabitation and adultery, as defined by section 269b of the Penal Code. Each defendant appeals from the judgment and from the order of the court denying the motion of defendants and each of them for a new trial.

The ease comes clearly within the ruling of this court as declared in People v. Breeding, 19 Cal. App. 359 , [ 126 Pac. 179 ] : “As used in the statute, the words ‘living in a state of cohabitation and adultery, ’ mean the living or dwelling together as husband and wife and exercising.. the sexual rights and duties implied by such relation when legally created—in other words, a counterfeit of the marriage relation.” The evidence shows that defendant King was living apart from his wife and defendant Fernando was living apart from her husband. The defendants, during several weeks or months were together a great deal, but they were not dwelling together in the same habitation, nor living in the manner of husband and wife together. It was shown that for a short period of time the defendants separately had rooms in the same lodging-house. There was no door connecting these rooms and each…