State v. Foster
Texas Supreme Court
Appeal from Cameron. The case was tried before Hon. Elisha Basse, one of the district judges. On the 31st of March, 1868, the appellee was indicted in the district court of Cameron county for fornication. On the 4th of April the defendant filed a motion to quash the indictment, upon the ground that it did not charge the defendant with an offense known to the law.
Read the full summary
Appeal from Cameron. The case was tried before Hon. Elisha Basse, one of the district judges. On the 31st of March, 1868, the appellee was indicted in the district court of Cameron county for fornication. On the 4th of April the defendant filed a motion to quash the indictment, upon the ground that it did not charge the defendant with an offense known to the law. The court sustained the motion and quashed the indictment, and the state appealed; and the single question determined was, did the court err in quashing the bill?
1Opinion of the CourtLindsay, J.
—An indictment for simple fornication does *579not lie under the Penal Code of Texas. The code prescribes that every offense must be defined before it is punishable under the penal laws of the state. A mixed offense of adultery and fornication is defined by the statute, for which each of the parties may be held amenable to the law, and receive the infliction of its penalties. But the definition of this mixed offense is, that the parties must live together in a state of cohabitation. The several provisions of the statute show clearly that the living together in such a state was the specific…
2Cited by5 opinions
- State v. RandleTexas Supreme Court · 1874
- International & G. N. Ry. Co. v. MallardTexas Commission of Appeals · 1925
- Ex parte BergenCourt of Appeals of Texas · 1883
- Parks v. StateCourt of Appeals of Texas · 1878
- Wolff v. StateCourt of Appeals of Texas · 1879