State v. Smith
Texas Supreme Court
Appeal from Smith. The indictment charged Joseph P. Smith and Mary Jane Butler with living and cohabiting together in fornication, alleging that they were both unmarried. The comt below quashed the indictment, on exceptions of defendant that it charged no offense against the laws of the State.
1Opinion of the CourtLindsay, J.
Fornication is charged in this indictment as the offense of these defendants. At the Galveston session (1869) of this court, in the case of The State of Texas v. John Foster, it was decided that the moral offense of fornication, not having been defined in the Criminal Code, it is not punishable under the law as it now exists. The decision in that settles this case.
The judgment of the court below, quashing the indictment, is affirmed.
Affirmed.
2Cited by4 opinions
- State v. RandleTexas Supreme Court · 1874
- Barnett v. PhelpsOregon Supreme Court · 1920
- Ex parte BergenCourt of Appeals of Texas · 1883
- Wolff v. StateCourt of Appeals of Texas · 1879