Legal Opinion

Moore v. State

Court of Criminal Appeals of Texas

Decided December 8, 1915No. 3640PublishedCited by 2 opinions

Appeal from tbe District • Court of Xnox. Tried below before the Hon. Jo A. P. Dickson. Appeal from a conviction of wife abandonment after seduction and marriage; penalty, six years imprisonment in the penitentiary. The opinion states the case. On question of indictment, statutes construed, and charge of court: Baskin v. State, 75 Texas Crim. Bep., 537; Qualls v. State, 71 Texas Crim. Bep., 67; Qualls v. State, 73 Texas Crim. Bep., 212; Coleman v. State, 71 Texas Crim.

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Appeal from tbe District • Court of Xnox. Tried below before the Hon. Jo A. P. Dickson. Appeal from a conviction of wife abandonment after seduction and marriage; penalty, six years imprisonment in the penitentiary. The opinion states the case. On question of indictment, statutes construed, and charge of court: Baskin v. State, 75 Texas Crim. Bep., 537; Qualls v. State, 71 Texas Crim. Bep., 67; Qualls v. State, 73 Texas Crim. Bep., 212; Coleman v. State, 71 Texas Crim. Bep., 20; James v. State, 72 Texas Crim. Bep., 457; Irving v. State, 73'Texas Crim. Bep., 615.

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted under an indictment charging him with abandonment of his wife after seduction under article 1450 of the Penal Code of 1911.

One of the serious contentions of appellant is that he was indicted under the wrong statute, and if he is not correct in this proposition, that under the facts there were serious errors committed in the charge to the jury and in the admission and rejection of testimony. The uncon-troverted evidence shows appellant had intercourse with the girl Bertha Wimberly, and from this intercourse she gave birth to a child. There were several…

2Cases cited1 opinion

  1. Irving v. StateCourt of Criminal Appeals of Texas · 1914

3Cited by2 opinions

  1. Verse v. StateCourt of Criminal Appeals of Texas · 1917
  2. Green v. StateCourt of Criminal Appeals of Texas · 1918

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