Stebbins and McFarland v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Smith. Tried below before Hon. B. B. Beaird, County Judge. On a trial under an indictment charging them with fornication, appellants were found guilty, and each of them fined in the sum of $200. It is unnecessary to state the facts in the case. The questions raised by bills of exception are sufficiently stated in the opinion of the court.
1Opinion of the Court
DAVIDSON, Judge.
Appellants were, in separate counts, indicted for the offense of adultery and fornication. The trial resulted in their conviction of fornication, and assessment of the punishment at a fine each of 8200, Motions to quash the indictment and in arrest of judgment were urged and overruled.
The contention of appellants is, that each count must commence and conclude as if it were the only count contained in the indictment, and, inasmuch as each count in the indictment does not comply with this requirement, it is duplicitous, and is contradictory of and repugnant to the other counts.…
2Cases cited1 opinion
- State v. DorsettTexas Supreme Court · 1858
3Cited by6 opinions
- Tucker v. StateCourt of Criminal Appeals of Texas · 1912
- Manovitch v. StateCourt of Criminal Appeals of Texas · 1906
- Brogdon v. StateCourt of Criminal Appeals of Texas · 1911
- Jame v. StateCourt of Criminal Appeals of Texas · 1911
- Mercer v. StateCourt of Criminal Appeals of Texas · 1907
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