Merrell v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the seduction of Hora Livingston, an unmarried woman under the age of twenty-five years, by means of and in virtue of his (appellant’s) promise to marry her. The seduction was alleged to have been accomplished on or about the 1st of June, 1898. On the 18th of March, 1899, Hora Livingston died.
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The indictment charged appellant with the seduction of Hora Livingston, an unmarried woman under the age of twenty-five years, by means of and in virtue of his (appellant’s) promise to marry her. The seduction was alleged to have been accomplished on or about the 1st of June, 1898. On the 18th of March, 1899, Hora Livingston died. The indictment was presented to and filed in court on May 3, 1899. Appellant testified that he engaged to marry Nora after he had earnál intercourse with her. Her parents testified to his frequent visits to and attentions to the girl, and that he had told them they…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of seduction, and his punishment assessed at confinement in the penitentiary for a term of two years, and he prosecutes this appeal.
There are a "number of assignments. However, we will only consider such as we deem important.
The court gave the following instruction to the jury: “You are further instructed that the fact that defendant was under twenty-one years of age, and the fact that his mother may have refused to allow him to marry the said Nora Livingston, is no defense in this case.” Appellant excepted to this charge, and insists that, in view of…
2Cases cited2 opinions
- Cole v. StateTexas Supreme Court · 1874
- Bailey v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by8 opinions
- Hinman v. StateCourt of Criminal Appeals of Texas · 1910
- Simmons v. StateCourt of Criminal Appeals of Texas · 1908
- Gorzell v. StateCourt of Criminal Appeals of Texas · 1901
- Muhlhause v. StateCourt of Criminal Appeals of Texas · 1909
- In re LewisSupreme Court of Kansas · 1903
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