Cassidy

Defendants appeal from a judgment of conviction of the crime of adultery and from an order of the trial court denying their motion for a new trial.

It is first urged by appellants that the evidence was insufficient to justify the verdict. Without attempting to set forth more than the substance of the material evidence introduced by the prosecution, it appears therefrom that the defendants were not married one to the other, but that at the time the offense was committed each of them was married to some other person; that defendant Cassidy, with one of her infant children, left her husband in Colorado and came to California; that prior thereto she had left her husband temporarily and during her absence had “met” her co-defendant; that while living with her husband she received letters and Christmas presents from her co-defendant; also sufficient money from him to enable her to leave her husband in Colorado and pay her railroad fare to California; that for a period of about two months thereafter defendant Cassidy occupied apartments in a court—defendant McLean paying the rent therefor, and often being seen leaving the apartments at between 6 and 6:30 o ’clock in the morning; that…