Holder v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for adultery, the punishment assessed being a fine in the sum of $1000. The indictment charged defendant, “did unlawfully live together and have carnal intercourse with one, Alice Carlock, he being then and there lawfully married to another person living.”
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This appeal is from a conviction for adultery, the punishment assessed being a fine in the sum of $1000. The indictment charged defendant, “did unlawfully live together and have carnal intercourse with one, Alice Carlock, he being then and there lawfully married to another person living.” The State proved that defendant was married to one Rosa Cleveland, in Bosque County, in 1888. The marriage license showed that the rites of matrimony were celebrated on the 28th of February, by one W. H. Roberts, who signed the certificate of marriage and attached to his name the letters “O. M. G.”…
1Opinion of the Court
DAVIDSON, Judge.
This is a conviction for adultery, the fine imposed being $1,000. Under license issued for that purpose in 1888, the appellant was, by W. H. Roberts, a preacher, married to Miss Rosa Cleveland, with whom he lived as husband for about two years, when they separated. Upon the trial he proved that said Roberts was not an ordained minister of the gospel at the time he performed said marriage ceremony. This fact being established, he contends this marriage was a nullity, and therefore his second marriage was legal; hence he was not guilty of adultery in living with the woman to…
2Cases cited2 opinions
- Meister v. MooreSupreme Court of the United States · 1878
- Ingersol v. McWillieCourt of Appeals of Texas · 1895
3Cited by10 opinions
- MacDougall v. LevickSupreme Court of Virginia · 2017
- Chapman v. ChapmanCourt of Appeals of Texas · 1895
- Galveston, Harrisburg & San Antonio Railway Co. v. CodyCourt of Appeals of Texas · 1899
- Lee v. StateCourt of Criminal Appeals of Texas · 1902
- Adkisson v. StateCourt of Criminal Appeals of Texas · 1895
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