Fretwell v. State
Court of Criminal Appeals of Texas
Appellant was charged by the information with an attempt to produce an abortion upon Lucy Godsey, a pregnant woman, with her consent, by then and there administering to her a certain drug and medicine well calculated to produce that result.
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Appellant was charged by the information with an attempt to produce an abortion upon Lucy Godsey, a pregnant woman, with her consent, by then and there administering to her a certain drug and medicine well calculated to produce that result. The following is a statement of the case as contained in appellant’s brief: Upon the trial of the cause the proof was sufficient to show that the appellant procured and caused to be administered to the prosecuting witness, Lucy Godsey, a certain drug and medicine known as fluid extract of ergot; that he directed the said Lucy Godsey to take said medicine…
1Opinion of the Court
HEHDERSOH, Judge.
Appellant was convicted of an attempt to produce an abortion, and his punishment assessed at a fine of $150.
The State was permitted to prove, over appellant’s objections, by prosecutrix Lucy Godsey, that defendant was the father of her unborn child y that he had had sexual intercourse with her and had thereby impregnated her. This was objected to by appellant on the ground that it was immaterial. Aside from the fact that the ground of objection is too general, it occurs to us that the testimony was material, as bearing on the question of motive. If appellant was instrumental…
2Cited by5 opinions
- McCullough v. StateCourt of Criminal Appeals of Texas · 1911
- Hunter v. StateCourt of Criminal Appeals of Texas · 1917
- Claunch v. StateCourt of Criminal Appeals of Texas · 1918
- Fondren v. StateCourt of Criminal Appeals of Texas · 1914
- Weaver v. StateCourt of Criminal Appeals of Texas · 1904