Legal Opinion

Couch v. State

Texas Supreme Court

Decided July 1, 1859PublishedCited by 3 opinions

Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This was an indictment found at the Ball Term, 1858, against John Bari and James Couch, for unlawfully keeping a house as a common resort for prostitutes and vagabonds, on the first day of September, 1858, in the county of Bexar. The defendant, Bari, was not on trial.

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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This was an indictment found at the Ball Term, 1858, against John Bari and James Couch, for unlawfully keeping a house as a common resort for prostitutes and vagabonds, on the first day of September, 1858, in the county of Bexar. The defendant, Bari, was not on trial. The following facts were proved by the State, to wit: about the time charged in the indictment, there were fandangoes held, about every other night, in the house adjoining the grocery kept by the defendants; at these fandangoes, the women were all prostitutes;…

1Opinion of the CourtRoberts, J.

The State made out a primd facie case, by evidence, to which the defendant made no objection. The defendant seems to have relied upon rebutting it, by proving the existence of such a state of facts, as would show that he had no real connexion with the transaction, and thereby relieve himself from the apparent connexion. The evidence adduced by him for this purpose, is obscure, meagre, and contradictory. The jury were authorized to conclude, that the primd facie case made against him by the State, was not rebutted or explained away. We do not see any clear ground for concluding that they were…

2Cited by3 opinions

  1. Ethington v. StateTexas Supreme Court · 1872
  2. Norwood v. CobbTexas Supreme Court · 1873
  3. Smalley v. StateCourt of Appeals of Texas · 1881

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