Legal Opinion

Smith v. State

Court of Criminal Appeals of Texas

Decided November 1, 1939No. 20483Published

The opinion states the case.

1Opinion of the Court

CHRISTIAN, Judge.

The offense is murder by abortion; the punishment, confinement in the penitentiary for two years.

Appellant was a midwife and a licensed nurse. According to the testimony of Clarence Patterson, a son of the deceased, Gorie Davis, the home of appellant was about a quarter of a mile from that of the deceased. The witness Clarence Patter son was 12 years of age and was in the sixth grade. According to the testimony of Melvia Patterson, a witness for the State, and a daughter of the deceased, it was a mile from deceased’^ home to that of the appellant. The witness was 11 years old…

2Cases cited2 opinions

  1. West and Hernandez v. StateCourt of Criminal Appeals of Texas · 1930
  2. Lucas v. StateCourt of Criminal Appeals of Texas · 1913

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