Legal Opinion

Mason v. State

Court of Appeals of Texas

Decided June 21, 1890No. 7024PublishedCited by 5 opinions

Appeal from the District Court of Falls. Tried below before Hon. J. E. Dickenson. The conviction in this case was for the simple abduction of Sissie Bonner, and the penalty assessed against the appellant was a fine of $100. Sissie Bonner was the first witness for the State.

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Appeal from the District Court of Falls. Tried below before Hon. J. E. Dickenson. The conviction in this case was for the simple abduction of Sissie Bonner, and the penalty assessed against the appellant was a fine of $100. Sissie Bonner was the first witness for the State. She testified, in substance, that she was 13 years of age at the time of this offense, which was committed on the night of January 10, 1889. She was the daughter of Bid die Johnson, at present the wife of Henry Johnson. In 1888 she lived at the house of her mother and stepfather, in Falls County. She first met and became…

1Opinion of the Court

WILLSON, Judge.

There are four counts in the indictment, two charging the offense of kidnapping and two the offense of abduction of a female for the purpose of prostitution.' Defendant excepted to the indictment because it charged separate and distinct felonies. His exception was overruled, and he was tried upon all the counts and convicted of simple abduction; that is, that character of abduction which is punishable by fine only.

Kidnapping and abduction are unquestionably separate and distinct offenses. Their elements are not the same, and the punishments prescribed are different. They are,…

2Cases cited1 opinion

  1. Harrison v. HarwoodTexas Supreme Court · 1869

3Cited by5 opinions

  1. Hubbard v. StateAlabama Court of Appeals · 1930
  2. Burns, Andrew JCourt of Criminal Appeals of Texas · 2012
  3. Celis, Mauricio RodriguezCourt of Criminal Appeals of Texas · 2013
  4. Drake v. StateCourt of Criminal Appeals of Texas · 1985
  5. Drake v. StateCourt of Criminal Appeals of Texas · 1985

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