Curtin v. State

On Motion for Rehearing.

GRAVES, Presiding Judge.

Appellant alludes to the citation of Hupp v. Hupp, 235 S.W.2d 753, 756, which case was cited by us in the opinion granting the State’s motion for rehearing and affirming this cause. In that case the Court of Civil Appeals at Fort Worth, Texas, in the opinion by Chief Justice McDonald, had the following to say: “A putative marriage based on a common law marriage relationship was sustained in Lawson v. Lawson, 30 Tex.Civ.App. 43, 69 S.W. 246, writ refused, and the Supreme Court cited Lawson v. Lawson, without a hint of criticism, in Barkley v.…