Miller v. State
Court of Criminal Appeals of Texas
This is a cause in which appellant and the alleged injured woman had been guilty of repeated acts of sexual intercourse. They lived near the town of Richardson, in Dallas County, he being a young physician and unmarried, and she a young unmarried woman of about 21 years of age. She was desirous of marrying, but defendant was not willing to this. She fixes the date of the abortion as November 18, 1895, while she was living with the widow, Mary Wheeler.
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This is a cause in which appellant and the alleged injured woman had been guilty of repeated acts of sexual intercourse. They lived near the town of Richardson, in Dallas County, he being a young physician and unmarried, and she a young unmarried woman of about 21 years of age. She was desirous of marrying, but defendant was not willing to this. She fixes the date of the abortion as November 18, 1895, while she was living with the widow, Mary Wheeler. She was unquestionably sick at that time, and there were blood stains upon her clothing and upon the bed. At the time she said that her trouble…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of abortion, and his punishment assessed at confinement in the penitentiary for a term of seven years; hence this appeal. The record contains thirty-six bills of exception, but only such will be considered as we deem necessary to a proper disposition of this case. A number of these bills- (beginning with the first) relate to the testimony of Mrs. Aliene Miller, formerly Miss Aliene Turnage, appellant objecting to her testimony on the ground that she was his wife. The record shows without controversy that at the time of the alleged offense, to-wit:…
2Cases cited2 opinions
- Greenwood v. StateTexas Supreme Court · 1872
- Creamer v. StateTexas Supreme Court · 1871
3Cited by18 opinions
- State v. LevySupreme Court of Iowa · 1968
- Smartt and Carson v. StateTennessee Supreme Court · 1903
- State v. VolpeSupreme Court of Connecticut · 1931
- Cole v. StateCourt of Criminal Appeals of Texas · 1922
- Fondren v. StateCourt of Criminal Appeals of Texas · 1914
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