Welch v. State
Court of Criminal Appeals of Texas
From appellant’s brief is taken the following correct, statement of the case: This is a conviction for bigamy with a punishment assessed at confinement in the penitentiary for a term of three years. The first marriage of defendant was in the city of Hew Orleans in October, 1902. He abandoned this wife and the latter part of January, 1903, located in Greenville, Texas, where on November 30, 1903, he was married to Miss Mattie Jennings.
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From appellant’s brief is taken the following correct, statement of the case: This is a conviction for bigamy with a punishment assessed at confinement in the penitentiary for a term of three years. The first marriage of defendant was in the city of Hew Orleans in October, 1902. He abandoned this wife and the latter part of January, 1903, located in Greenville, Texas, where on November 30, 1903, he was married to Miss Mattie Jennings. Upon the trial both marriages were admitted. That the first wife was living at the time of the second marriage was also admitted, but it was contended by the…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of bigamy, and his punishment assessed at three years confinement in the penitentiary.
The first bill of exception complains of the following portion of the court’s charge: "Our statute provides that if any person laboring under a mistake as to a particular fact shall, do an act which would otherwise be criminal, he is guilty of no offense. The mistake as to fact which will excuse a person must be such that the person so acting under a mistake would have been excusable had his conjecture as to the fact been correct, and it must also be such mistake as does…
2Cited by5 opinions
- Gamboa v. StateCourt of Criminal Appeals of Texas · 1972
- Bozeman v. StateCourt of Criminal Appeals of Texas · 1919
- Knight v. StateCourt of Criminal Appeals of Texas · 1912
- Mumphrey v. State, Texas Court of Appeals, 9th District (Beaumont)1989
- Mumphrey v. State, Texas Court of Appeals, 9th District (Beaumont)1989