Fornication is the carnal and illicit intercourse of an unmarried man with an unmarried woman. In other words, they must both be single.22

17 Com. vs. Call, 21 Pick (Mass.), 509; Helfrich vs. Com., 33 Pa.

St., 68. 18 1 Am. & Eng. Ency. Law, 749

(2nd Ed.). 19 Miner vs. People, 58 Ill., 60; Ex parte Thomas, 103 Cal., 497;

State vs. Chandler, 132 Mo., 155. " State vs. Fellows, 50 Wis., 65;

State vs. Taylor, 58 N. H., 331;

State vs. Hutchinson, 36 Me., 261. 21 Kendrick vs. State, 100 Ga., 360.

It follows from what has been said, that a single act or any number of acts of illicit intercourse does not constitute the offense. The parties must live together openly and notoriously, in the sense that husband and wife live and cohabit together.23 So one merely soliciting another to commit the act is not an offense.24