Cave v. State
Court of Criminal Appeals of Texas
Appeal from tbe County Court of Fisher. Tried below before Hon. S. PattoN, County Judge. Tbis appeal is from a conviction upon an information charging appellant with an attempt to produce an abortion on one Livie Brown, a pregnant woman, by then and there administering to her, with her consent, certain drugs and medicines well calculated to produce an abortion upon her, etc.
Read the full summary
Appeal from tbe County Court of Fisher. Tried below before Hon. S. PattoN, County Judge. Tbis appeal is from a conviction upon an information charging appellant with an attempt to produce an abortion on one Livie Brown, a pregnant woman, by then and there administering to her, with her consent, certain drugs and medicines well calculated to produce an abortion upon her, etc. Tbe punishment assessed was a fine of $110. Tbis is a companion case to that of Willingham v. The State, ante, p. 98. Livie Brown testified: “My name is Livie Brown. I reside in Fisher County, Texas, about twelve miles…
1Opinion of the Court
HHET, PRESIDING- Judge.
This prosecution is based on article 538, Penal Code, which reads: “If tbe means used shall fail to produce an abortion, tbe .offender is nevertheless guilty of an attempt to produce abortion, provided it be shown that such means were calculated to produce that result.” Transposed, if tbe accused shall use means to produce abortion, which are calculated to have that effect, be is guilty of an attempt to produce an abortion, though tbe means used shall fail to procure an abortion. Though tbe accused may intend an abortion, and may use means for that purpose, yet, if tbe…
2Cited by8 opinions
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Catching v. StateCourt of Criminal Appeals of Texas · 1962
- Reum v. StateCourt of Criminal Appeals of Texas · 1905
- Hunter v. StateCourt of Criminal Appeals of Texas · 1917
- Catching v. StateCourt of Criminal Appeals of Texas · 1962
3 more not listed; retrieve them via the Exa API.