State v. Smith
This text of 32 Tex. 167 (State v. Smith) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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32 Tex. 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-tex-1869.