Mitten v. State
Court of Appeals of Texas
Appeal from the District Court of Navarro. Tried below before the Hon. J. H. Rice, County Judge. The appellants in this case were jointly tried and convicted upon an indictment charging them with adultery, on and before the first day of December, 1884. The penalty assessed was a fine of one hundred dollars against each of them. The opinion discloses the substance of the indictment.
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Appeal from the District Court of Navarro. Tried below before the Hon. J. H. Rice, County Judge. The appellants in this case were jointly tried and convicted upon an indictment charging them with adultery, on and before the first day of December, 1884. The penalty assessed was a fine of one hundred dollars against each of them. The opinion discloses the substance of the indictment. The evidence established beyond dispute the existing marriage of the defendant Mitten with another female than the defendant Hamilton; and further, that, during the year 1884 he frequented the house of said…
1Opinion of the Court
White, Presiding Judge.
This trial in the county court was had upon an indictment transferred from the district court. In the county court, before entering upon the trial, defendants made a motion to quash the district clerk’s certificate of transfer, and also pleaded to the jurisdiction of the county court, because the case was filed in said court upon an illegal and insufficient certificate of transfer. The certificate recites that the term of the district court was held in December, 1885, and that the indictment was presented on the eighteenth day of December, 1886, a year or more after the…
2Cited by4 opinions
- State v. CliftonCourt of Criminal Appeals of Oklahoma · 1909
- State v. McDavittSupreme Court of Iowa · 1908
- Hendrix v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Hay v. StateCourt of Criminal Appeals of Texas · 1922