Cohen v. State
Court of Appeals of Texas
Appeal from the County Court of Houston. Tried below before the Hon. W. B. Wall, County Judge. The prosecution was for fornication with one Fanny Simpson, and the punishment, on conviction, was assessed by the verdict at a fine of fifty dollars. J. A. Carley testified, for the State, that the Simpson women, mother and daughter, occupied a house in the rear of, and about forty steps distant from witness’s house and stables.
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Appeal from the County Court of Houston. Tried below before the Hon. W. B. Wall, County Judge. The prosecution was for fornication with one Fanny Simpson, and the punishment, on conviction, was assessed by the verdict at a fine of fifty dollars. J. A. Carley testified, for the State, that the Simpson women, mother and daughter, occupied a house in the rear of, and about forty steps distant from witness’s house and stables. The witness had seen the defendant, on several Sunday mornings, going from towards the house occupied by Fannie Simpson and her mother. He had never seen him come out of…
1Opinion of the CourtWhite, P. J.
Appellant was prosecuted by indictment for fornication or habitual carnal intercourse with one Fannie Simpson. The court charged the jury that if they found him guilty they would assess his punishment by fine not less than fifty nor more than one hundred dollars. This is not the punishment affixed by the statute. Penal Code, art. 338. In a criminal case the jury should be distinctly charged as to the punishment which may be imposed by their verdict, and an error in the charge as to such punishment will be ground of reversal although defendant had the benefit of a lighter punishment. Buford *339v.…
2Cases cited2 opinions
- Tollett v. StateTexas Supreme Court · 1875
- Buford v. StateTexas Supreme Court · 1876