Appellant was convicted of fornication, and his punishment assessed at a fine of $60. The indictment charged appellant with adultery. He insists that inasmuch as he was charged with adultery, he could not be convicted of fornication. In this contention he is correct. See Crosgrove v. State, 39 S.W. Rep., 367. Upon the authority of that case the judgment is reversed and the cause remanded.
Reversed and remanded. *Page 459