Simon v. State
Court of Criminal Appeals of Texas
This appeal is from a judgment in the court below for incest. The incestuous intercourse, as alleged in the indictment, consisted in the fact that the defendant had married the daughter of his half-sister. Louis Sitterlee, for the State, being sworn, testified substantially: That in September, 1888, he and his wife went with one Hall, who was a justice of the peace of Victoria County, to the house of Louis Budde, in Goliad County, to attend the wedding of defendant.
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This appeal is from a judgment in the court below for incest. The incestuous intercourse, as alleged in the indictment, consisted in the fact that the defendant had married the daughter of his half-sister. Louis Sitterlee, for the State, being sworn, testified substantially: That in September, 1888, he and his wife went with one Hall, who was a justice of the peace of Victoria County, to the house of Louis Budde, in Goliad County, to attend the wedding of defendant. That the marriage license was issued by the clerk of the Comity Court of Victoria County. That Hall, the justice of the peace,…
1Opinion of the Court
Appellant was convicted in the District Court of Goliad County of incest, his punishment being assessed at three years in the penitentiary, from which he appeals. There are two grounds of error submitted for reversal which demand consideration.
1. The error of the court in excluding the testimony of Louis and Theresa Budde and Henry Simon as to the declarations of Caroline Simon, the deceased mother of defendant, and Mathias Simon, his putative father, to the effect that defendant was not the son of Mathias, her husband, and that if defendant got into trouble by his marriage she would protect…
2Cases cited1 opinion
- Meister v. MooreSupreme Court of the United States · 1878
3Cited by24 opinions
- Wallace v. WallaceSupreme Court of Iowa · 1908
- Ward v. StateCourt of Criminal Appeals of Texas · 1913
- United States Fidelity & Guaranty Co. v. HendersonCourt of Appeals of Texas · 1932
- Neff v. JohnsonCourt of Appeals of Texas · 1965
- McCaskill v. StateSupreme Court of Florida · 1908
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