
    Davis v. The State.
    The indictment having been found at the November term, 1891, and the State having proved by one of its own witnesses that the offence was not committed at all, and by another that, if committed, it was at some indefinite time in 1892; the verdict was not warranted by the evidence.
    April 10, 1893.
    Indictment for fornication. Before Judge Willis. City court of Columbus. October term, 1892. ,-
    The charge was, that Gertrude Davis, a single woman, on the 12th of October, 1891, did commit fornication with George Coleman, a single man. The indictment was found at the November term, 1891. The defendant was convicted; a new trial was denied, and she excepted.
    The evidence was as follows: A policeman testified that “ on or about -, 1892,” he found the defendant in. George Coleman’s house in Columbus, in bed with a Mother Hubbard dress on; woke her and arrested her. George Coleman also was in the room, in his night-clothes; no one else. The door was shut. It was about one o’clock in the day. Only one bed in the room; no pallet. That is all the witness knew about it. He did not know whether defendant or Coleman either were married or siugle. Coleman testified, that he was & single man; never had sexual intercourse with defendant ; “ had not been with her nor done nothing to her.”
    A. A. Dozier and H. C. Cameron, for plaintiff in error.
    T. Y. Crawford, solicitor, by W. A. Tioner, contra.
    
   Judgment reversed.  