Thomas v. State

Around midnight, sheriff J. R. Turner and deputy sheriff W. P. Edwards went to the home where Mary Long (defendant) resided with her father and siblings. Turner suspected that Henry Thomas (defendant) was in the house with Long. When Turner called for Long and Thomas to come out, Thomas shouted, “All right,” and purported to look for a match for some light. Turner heard a commotion and looked under the door to see someone attempting to get through a trap door in the floor. Turner then broke down the door and discovered Long and Thomas together in the room with Long in her nightclothes and Thomas only partially dressed. Long and Thomas, who were not married, were charged with the criminal offense of lewd and lascivious cohabitation. At trial, witnesses for the state testified to seeing Long and Thomas together occasionally, sometimes in the yard of the Long residence. However, no witnesses testified to ever having seen Long and Thomas in bed together. Further, a witness for Long and Thomas testified that he lived near the Long residence and worked with Thomas but had never seen Thomas stop at the Long residence and had never seen anything suggesting that Long and Thomas were sleeping together or cohabiting. Nevertheless, Long and Thomas were convicted of lewd and lascivious cohabitation and sentenced to 18 months’ imprisonment. They moved for a new trial, arguing that the evidence was insufficient to support the convictions. The trial court denied the motion, and Long and Thomas appealed.