Legal Opinion

King v. State

Court of Criminal Appeals of Texas

Decided February 26, 1896No. 746PublishedCited by 12 opinions

The charging part of the indictment is as follows, viz: “That one Wm. King, on the 24th day of June, in the year of our Lord, one thous- and eight hundred and ninety-four, with force and arms, in the county and State aforesaid, in and upon Bertie Barger, a woman, then and there pregnant, did make an assault and did then and there unlawfully, wilfully and designedly, with the consent of said Bertie Barger, thrust and force into the womb and private parts of the said Bertie…

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The charging part of the indictment is as follows, viz: “That one Wm. King, on the 24th day of June, in the year of our Lord, one thous- and eight hundred and ninety-four, with force and arms, in the county and State aforesaid, in and upon Bertie Barger, a woman, then and there pregnant, did make an assault and did then and there unlawfully, wilfully and designedly, with the consent of said Bertie Barger, thrust and force into the womb and private parts of the said Bertie Barger, a certain metallic instrument calculated to procure an abortion, and did then and thereby procure an abortion of…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of abortion, and his punishment assessed at five years in the penitentiary, and he appeals. After the State had announced “ready for trial,” and before the defendant had announced, he presented to the court the following motion:

“Now comes the defendant, William King, and, being duly sworn, on oath, shows to the court: That one T. B. Herring stands indicted in this court, in case No. 578, with an offense growing out of the same transaction which is the basis of the indictment herein against this defendant, and that the testimony of the said T. B.…

2Cited by12 opinions

  1. People v. HagenowIllinois Supreme Court · 1908
  2. Roberts v. StateCourt of Criminal Appeals of Texas · 1990
  3. Oates v. StateCourt of Criminal Appeals of Texas · 1905
  4. Anderson v. StateCourt of Criminal Appeals of Texas · 1909
  5. Willis v. StateCourt of Criminal Appeals of Texas · 1941

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