Harris v. State
Court of Appeals of Texas
Appeal from the District Court of Walker. Tried below before Hon. H. G. Kittrell. The conviction was for infanticide, and the penalty assessed by the verdict was a life term in the penitentiary. The statement of facts covers but few pages of the record, but a summary of the same will disclose no more than appears succinctly stated in the opinion.
1Opinion of the Court
White, Presiding Judge.
Appellant has been convicted of the murder of her infant babe, and her punishment has been assessed at a life term in the penitentiary.
We are of opinion that the evidence establishing the corpus delicti is not sufficient to sustain the judgment in so far as the same is made to-appear in the record here before us. To warrant a conviction it was. necessary for the State to prove that the child was born alive; that it had an existence independent of the mother, and that afterwards its life was destroyed by the act, agency, or procurement of its mother, this defendant.…
2Cited by18 opinions
- State v. SotoSupreme Court of Minnesota · 1985
- Robinson v. StateSupreme Court of Florida · 1915
- State v. LamySupreme Court of New Hampshire · 2009
- State Ex Rel. Atkinson v. WilsonWest Virginia Supreme Court · 1985
- Meadows v. StateSupreme Court of Arkansas · 1987
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