Nolan v. State

• Court: Texas Court of Criminal Appeals
• Writing for the Court: Davidson
• Citation: Nolan v. State, 129 S.W. 1108, 60 Tex.Cr.R. 5 (Tex. Crim. App. 1910)
• Decision Date: 22 June 1910
• Parties: NOLAN v. STATE.

Page 1108

129 S.W. 1108

NOLAN v. STATE.

Court of Criminal Appeals of Texas.

June 22, 1910.

Appeal from District Court, Live Oak County; E. A. Stevens, Judge.

Christ Nolan appeals from a conviction. Reversed and remanded.

John A. Mobley, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was charged with and convicted of incest with his daughter; his punishment being assessed at confinement in the penitentiary for two years.

The state proved the marriage between appellant and his wife, who at the time of the trial was deceased. The state also proved that Maggie Nolan, with whom he is alleged to have committed incest, was his daughter by that marriage. Goodwin, for the state, testified that he knew appellant, and had known him for more than 30 years; that he was well acquainted with appellant's wife during her lifetime; that he knew appellant many years in San Patricio county, when he (witness) was a boy; that when the witness was a little fellow appellant was the best friend he ever had, and did more for him and accommodated him more than any friend he ever had; that appellant moved to Live Oak county two or three years before the trial, close to where the witness was residing, and since his residence in Live Oak county they had been very intimate friends until this matter came up; that they frequently visited each other, and "we were as close friends as you could find"; that during the early part of last summer this witness says he rode over to appellant's house and went in, and appellant seemed to be troubled about something, and they took a stroll; that, when they got out of the yard, appellant asked him if he had heard of his trouble; that witness answered in the negative; that appellant then said to the witness, "Maggie has a baby," and witness asked him, "Who is the daddy of the baby?" thinking somebody had ruined his family; that appellant said, "I can't tell you now, but will tell you the next time I see you;" that the next time he saw appellant he informed him that he (appellant) was the father of Maggie's child; that he saw him within the next few days two or three times, and appellant told him he was the daddy of the child, and he would marry her, and "she could either be a lady or rip, as she pleased," and further said Maggie was not his child, and "he had not mixed any blood." The witness said he loaned appellant a dollar and a half to purchase a marriage license, but told him to consult a lawyer first, and see whether or not that could be legally done, as he had enough trouble on his hands then. A predicate was laid to impeach this witness, to show contradictory statements and a denial of the above matters. This is the state's case.

The witness Jones and Christ Nolan, Jr., were put upon the stand to contradict the witness Goodwin, and they testified that they had had a conversation with Goodwin with reference to this matter after Goodwin had appellant arrested; that in these conversations Goodwin stated that appellant had never told him that he was the father of his daughter's child, and Christ Nolan, Jr., who lived in San Patricio county, having heard of the trouble in his father's family, came to Live Oak county to ascertain the situation. He says that he had known the witness Goodwin for many years, and that after he came to Live Oak county he saw Goodwin and talked with him; that he (witness) was trying to find out who was the father of his sister's child, and had a conversation with Goodwin in the presence of George Ware about the matter, and that Goodwin denied to them that the defendant had ever stated to him that he was the father of...