Legal Opinion

Mitchell v. State

Court of Criminal Appeals of Texas

Decided April 10, 1895No. 646PublishedCited by 11 opinions

The case is sufficiently stated in the opinion. The charge of the court which was excepted to was as follows, viz: “In order to justify a conviction under this charge, the State must show, beyond a reasonable doubt, that the defendant was then and there the owner, lessee, or tenant of said house; or, knowing the unlawful intent of such owner, lessee, or tenant, then and there acted with such owner, lessee, or tenant, and then and there had such control over such house and…

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The case is sufficiently stated in the opinion. The charge of the court which was excepted to was as follows, viz: “In order to justify a conviction under this charge, the State must show, beyond a reasonable doubt, that the defendant was then and there the owner, lessee, or tenant of said house; or, knowing the unlawful intent of such owner, lessee, or tenant, then and there acted with such owner, lessee, or tenant, and then and there had such control over such house and its inmates as pertains to the head of the household. * * * How, if you believe from the evidence in this cause, beyond a…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted and fined in the sum of $200 for keeping a disorderly house. The indictment is in the usual form, and charges her with keeping said house as owner, lessee, and tenant. The evidence discloses, that Lyda Eyan was the owner in fact of the house, and resided on an adjoining block in the city of Temple. Usually she collected money arising from the uses to which the house was put, bought the beer, etc., and paid all bills due from the house, and transacted all its business matters. Eosa Boas testified, that on one occasion she visited the house, spent the…

2Cases cited1 opinion

  1. Stamper v. CommonwealthCourt of Appeals of Kentucky · 1870

3Cited by11 opinions

  1. State v. FurthWashington Supreme Court · 1914
  2. Oliver v. StateCourt of Criminal Appeals of Texas · 1911
  3. Flynn v. StateCourt of Criminal Appeals of Texas · 1895
  4. Strong v. StateCourt of Criminal Appeals of Texas · 1907
  5. Cook v. StateCourt of Criminal Appeals of Texas · 1901

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