Barton v. State

MORRISON, Presiding Judge.

The offense is castration; the punishment, five years.

Though separately indicted, the defendants, Barton and Dutton, in accordance with their own motion to consolidate, were tried jointly.

This is the third reported decision by this court under Article 1168, V.A.P.C., which reads as follows:

“Whoever wilfully and maliciously deprives any person of either or both or any part of either or both of the testicles shall be confined in the penitentiary not less than five nor more than fifteen years.”

Barton, a 58-year old widower, became infatuated with a Mrs. Daugherty, a…