Silva

The appellant, Manuel Silva, and one Mary Rodrigues, were jointly charged by indictment, under section 269a, Penal Code, with the crime of living “in a state of open and notorious cohabitation and adultery with each other, said parties not being then and there married to each other.” The indictment contained no direct charge that either of said parties was married at all. A demurrer was interposed to the indictment upon the grounds, among others: First, that the facts stated in the indictment did not constitute a public offense; and, second, that the indictment did not substantially conform to the requirements of sections 950, 951 and 952, Penal Code. The demurrer was overruled, and the trial resulted in the conviction of appellant, who thereupon made a motion in arrest of judgment, on substantially the same grounds specified in his demurrer. The motion was denied. The appeal is on the judgment-roll.

Section 269a provides that “every person who lives in a state of open and notorious cohabitation and adultery is guilty of a misdemeanor.” The indictment charges that “the said Manuel Silva and said Mary Rodrigues, before the finding of this indictment and between the 1st day of…