Legal Opinion

Parks v. State

Court of Appeals of Texas

Decided July 1, 1878Published

Appeal from the County Court of Ellis. Tried below before the Hon. J. D. Templeton, County Judge. The evidence shows that the appellant, though a married man, was often seen at the house of Jennie Foreman, near Ennis, in the county of Ellis, and that she was reputed to be a prostitute and the keeper of a house of prostitution.

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Appeal from the County Court of Ellis. Tried below before the Hon. J. D. Templeton, County Judge. The evidence shows that the appellant, though a married man, was often seen at the house of Jennie Foreman, near Ennis, in the county of Ellis, and that she was reputed to be a prostitute and the keeper of a house of prostitution. Two witnesses saw him there on different occasions, at such hours and under such circumstances as satisfied the jury of the illicit relation subsisting between them. The jury found the appellant guilty, and assessed against him a fine of $100. A former appeal of this…

1Opinion of the CourtWinkler, J.

Counsel for appellant, in his brief,- thus -states the controversy between the State and the appellant: “ The State maintains by the form of the charge in the indictment, and by the instructions given to the jury, that frequent acts of carnal intercourse make out the crime [adultery] without the fact of living together; while the’ defendant maintains, by his exceptions to the indictment, by his charges asked, and by his motions for new trial and in arrest of judgment, that in order to make out the offense the parties must live together in some legal sense.” And the counsel concludes : ‘6…

2Cases cited3 opinions

  1. Richardson v. StateTexas Supreme Court · 1871
  2. State v. FosterTexas Supreme Court · 1869
  3. Richardson v. StateTexas Supreme Court · 1873

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