State v. Smith
Texas Supreme Court
State v. Smith, 32 Tex. 167 (Tex. 1869)
Lindsay
State v. Smith
Opinion of the Court
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.
Reference
- Full Case Name
- State v. J. P. Smith and another
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1—Fornication is not a punishable offense under the laws of this State. The case of The State v. Foster, (31 Tex., 578.) to the .same effect, cited and relied on.