Legal Opinion

Mrous v. State

Court of Criminal Appeals of Texas

Decided March 25, 1893No. 157PublishedCited by 23 opinions

Appellant was indicted for the seduction of an unmarried female, under the age of 25 years, by means of a promise of marriage. At his trial he was convicted, and his punishment assessed by verdict and judgment at a fine of $2000. The facts are sufficiently stated in the opinion.

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Appellant was indicted for the seduction of an unmarried female, under the age of 25 years, by means of a promise of marriage. At his trial he was convicted, and his punishment assessed by verdict and judgment at a fine of $2000. The facts are sufficiently stated in the opinion. The fifth paragraph of the court’s charge, which was excepted to, is as follows: “If you find from the evidence that the defendant and said Tina Gorzell were well acquainted with one another, and that the defendant, knowing the character of the said Tina Gorzell in the community in which they both lived and were…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of the seduction, under promise of marriage, of one Tina Gorzell, and sentenced to a fine of 82000, from which he appeals to this court.

1. Appellant complains that the court erred in permitting the prosecutrix to testify, because the crime, if any, occurred before the 14th of July, 1891, at which time the act took effect permitting the seduced female to testify, and the action of the court above stated was retroactive and ex post facto in its nature, in violation of the Constitution. Of course, it is not contended that the crime itself is thereby changed…

2Cases cited4 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Terrell v. CommonwealthCourt of Appeals of Kentucky · 1877
  3. Holt v. StateTexas Supreme Court · 1847
  4. Dawson v. StateTexas Supreme Court · 1851

3Cited by23 opinions

  1. Odenthal v. StateCourt of Criminal Appeals of Texas · 1926
  2. Chapman v. KelloggTexas Commission of Appeals · 1923
  3. People v. SchmidtCalifornia Court of Appeal · 1917
  4. State v. ClevengerWashington Supreme Court · 1966
  5. Underwood v. StateCourt of Criminal Appeals of Texas · 1928

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