Pena v. State

Court of Criminal Appeals of Texas

Pena v. State

80 S.W. 1014, 46 Tex. Crim. 458, 1904 Tex. Crim. App. LEXIS 152

CourtCourt of Criminal Appeals of Texas

DecidedMay 4, 1904

DocketNo. 2729.

StatusPublished

This text of 80 S.W. 1014 (Pena v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pena v. State, 80 S.W. 1014, 46 Tex. Crim. 458, 1904 Tex. Crim. App. LEXIS 152 (Tex. 1904).

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Opinion

BROOKS, Judge.

Appellant was convicted of fornication, and his punishment assessed at a fine of $60. The indictment charged appellant with adultery. He insists that inasmuch as he was charged with adultery, he could not be convicted of fornication. In this contention ■he is correct. See Crosgrove v. State, 39 S. W. Rep., 367. Upon the authority of that case the judgment is reversed and the cause remanded.

Reversed and remanded.

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BROOKS, Judge.

Appellant was convicted of fornication, and his punishment assessed at a fine of $60. The indictment charged appellant with adultery. He insists that inasmuch as he was charged with adultery, he could not be convicted of fornication. In this contention ■he is correct. See Crosgrove v. State, 39 S. W. Rep., 367. Upon the authority of that case the judgment is reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

80 S.W. 1014, 46 Tex. Crim. 458, 1904 Tex. Crim. App. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pena-v-state-texcrimapp-1904.

Opinion

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