Legal Opinion · Dissent

Fondren v. State

Court of Criminal Appeals of Texas

Decided May 27, 1914No. 2845Published

Appeal from the District Court of Tarrant. Tried below before the Hon. Marvin H. Brown. } Appeal from a conviction of accomplice to abortion; penalty, five years imprisonment in the penitentiary. The opinion states the case.

1Dissent

DAVIDSON", Judge

(dissenting).—The indictment charges that W. A. Link and Rachael Fondren, believing Daisy Moore to be pregnant at the time of the assault did unlawfully, wilfully and designedly, and with the consent of Daisy Moore, and with the further intent to procure an abortion upon Daisy Moore, thrust and force into the private parts and womb of Daisy Moore a certain instrument, the name, character, description and substance of said instrument being to the grand jurors unknown, said instrument, in the manner so used, being then and there calculated to produce an abortion upon the said…

2Cases cited2 opinions

  1. Willingham v. StateCourt of Criminal Appeals of Texas · 1894
  2. Fretwell v. StateCourt of Criminal Appeals of Texas · 1902

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