Willingham v. State
Court of Criminal Appeals of Texas
Appeal from the'County Court of Fisher. Tried below before Hon. S. Patton, County Judge. Appellant was prosecuted by information for an attempt to produce an abortion upon one Liyie Brown, by administering to her, with her consent, certain drugs and medicines calculated to produce that result.
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Appeal from the'County Court of Fisher. Tried below before Hon. S. Patton, County Judge. Appellant was prosecuted by information for an attempt to produce an abortion upon one Liyie Brown, by administering to her, with her consent, certain drugs and medicines calculated to produce that result. His trial resulted in a conviction, the punishment being affixed at a fine of $100. The evidence showed that Livie Brown was pregnant, and that one Jim Copeland had been indicted for her seduction. Defendant was a friend of Livie Brown and her father’s family. Livie told him of her condition, and begged…
1Opinion of the Court
HURT, PRESIDING Judge.
Conviction for an attempt to produce an abortion on one Livie Brown by administering to ber certain drugs and medicines calculated to produce an abortion, etc.
The prosecution is based upon articles 536 and 538, Penal Code. If the abortion is effected — accomplished—the prosecution should be under article 536. If the attempt fails, then prosecute under both.
Counsel for appellant contend that appellant should have been charged as an accomplice under article 537. Not so. If an abortion had in fact been produced, and the accused had furnished the means for producing it,…
2Cited by12 opinions
- Easter v. StateCourt of Criminal Appeals of Texas · 1976
- Brunaugh v. StateIndiana Supreme Court · 1910
- State v. Yee GuckOregon Supreme Court · 1921
- Smartt and Carson v. StateTennessee Supreme Court · 1903
- Smith v. StateCourt of Criminal Appeals of Texas · 1922
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