Durham v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of abor-< tion, and his punishment assessed at confinement in’tbe penitentiary for three years.

The record discloses that by reason of illicit intercourse with Emmet Donovan, Lula Beaty became pregnant. The State’s theory is that Donovan induced the girl to go with him from Wichita Falls to Calvert, for the purpose of having appellant bring about an abortion. En route, they spent the night at a hotel in Fort Worth. Lula Beaty testified that on Monday evening, while she and Donovan were in Fort Worth, she saw a telegram which Donovan sent E. A.…