Esser v. State
| Decision Date | 12 February 1902 |
| Citation | 66 S.W. 776 |
| Parties | ESSER v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Denton county; D. E. Barrett, Judge.
A. P. Esser was convicted of bigamy, and appeals. Affirmed.
Robt. A. John, Asst. Atty. Gen., for the State.
Appellant was convicted of bigamy, and his punishment assessed at four years' confinement in the penitentiary.
The charging part of the indictment is as follows: "That A. P. Esser * * * did then and there unlawfully marry Stella Black, he, the said A. P. Esser, then and there having a lawful former wife then living, to wit, Olivia S. Esser, née Olivia S. Hull; that is, the said A. P. Esser, at the time of his said marriage with the said Stella Black, had theretofore been and was then and there lawfully married to the said Olivia S. Esser, née Olivia S. Hull, and at the time of his said marriage with the said Stella Black the said Olivia S. Esser, née Olivia S. Hull, was then and there living, and was then and there and at the time thereof the lawful wife of the said A. P. Esser," etc. The indictment is in substantial compliance with White's Ann. Code Cr. Proc. art. 458, § 11; May v. State, 4 Tex. App. 425. The record is without bill of exceptions or statement of facts. Appellant's motion for new trial in no particular criticises the charge of the court, but relates to the sufficiency and admissibility of certain evidence. In the absence of the statement of facts, the same cannot be considered.
The judgment is affirmed.
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Edwards v. State
...and not subject to any of the objections urged by appellant, is shown by the decisions of this court in the following cases: Esser v. State, 66 S. W. 776; May v. State, 4 Tex. App. 424; Bryan v. State, 54 Tex. Cr. R. 19, 111 S. W. 744, 16 Ann. Cas. 515; Vinsant v. State, 42 Tex. Cr. R. 413,......