State v. Rahl

Decision Date01 January 1870
Citation33 Tex. 76
PartiesTHE STATE v. P. RAHL AND ANOTHER.
CourtTexas Supreme Court

OPINION TEXT STARTS HERE

1. The case of The State v. Foster, 31 Tex. 578, cited and approved--holding that fornication is not an offense known to or provided for by the laws of this state.

APPEAL from Calhoun. Tried below before the Hon. Wesley Ogden.

The indictment was against Pat Rahl and Esther Martin, on the charge that they “unlawfully, indecently and scandalously did live together in fornication.” It was quashed on the motion of defendants, based on the omission of the code to define the offense charged.E. B. Turner, Attorney General, for the state.

No brief for the defendants in error.

LINDSAY, J.

This case comes within the ruling of the court in the case of The State of Texas v. Foster, No. 3179, decided at the last Galveston term of this court, 1869. It is therefore affirmed.

Affirmed.

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1 cases
  • Boatright v. Peck
    • United States
    • Texas Supreme Court
    • 1 Enero 1870
    ... ... But this course of argumentation, both on the bench and the bar, has been decisively rejected by the supreme court of this state. In the case of Thompson v. Chumney, 8 Tex. 393, a majority of the court held that the writings constituted a conditional sale. The dissenting judge ... ...

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