Simon v. State
Court of Criminal Appeals of Texas
This appeal is from a judgment in the court below for incest. The incestuous intercourse, as alleged in the indictment, consisted in the fact that the defendant had married the daughter of his half-sister. Louis Sitterlee, for the State, being sworn, testified substantially: That in September, 1888, he and his wife went with one Hall, who was a justice of the peace of Victoria County, to the house of Louis Budde, in Goliad County, to attend the wedding of defendant.
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This appeal is from a judgment in the court below for incest. The incestuous intercourse, as alleged in the indictment, consisted in the fact that the defendant had married the daughter of his half-sister. Louis Sitterlee, for the State, being sworn, testified substantially: That in September, 1888, he and his wife went with one Hall, who was a justice of the peace of Victoria County, to the house of Louis Budde, in Goliad County, to attend the wedding of defendant. That the marriage license was issued by the clerk of the Comity Court of Victoria County. That Hall, the justice of the peace,…
1Opinion
The grounds presented for a rehearing of this cause were not presented in the brief of appellant at the original hearing, nevertheless we have examined them with that degree of care and attention demanded by the importance of the questions involved and the standing and ability of the counsel so ably presenting them.
1. We do not agree with counsel, that the indictment is "fatally defective in alleging that defendant didunlawfully intermarry C. Budde, because it thereby failed to charge affirmatively that there was a marriage." The indictment is correct; it charged a marriage and that it was an…
2Cases cited5 opinions
- Bergen v. PeopleIllinois Supreme Court · 1856
- Baumer v. StateIndiana Supreme Court · 1875
- Glass v. StateSupreme Court of Alabama · 1857
- Hicks v. PeopleMichigan Supreme Court · 1862
- Williams v. StateIndiana Supreme Court · 1850