
    Elliott v. The State.
    Argued February 20,
    Decided March 22, 1906.
    Accusation of adultery and fornication. Before Judge Peeples. ■City court of Nashville. January 24, 1906.
    
      Hendricks, Smith & Christian, for plaintiff in error.
    
      W. D. Buie, solicitor, and W. G. Harrison, contra. .
   Reck, J.

Where one is convicted of the offense of adultery and fornication, and the evidence does not disclose that either the accused or the other party participating in the criminal act is married, the verdict is without evidence to support it, and a new trial should be granted. Kendrick v. State, 100 Ga. 360; Tison v. State, ante, 7.

Judgment reversed.

All the Justices concur.  