# Brown v. State

> Court of Criminal Appeals of Texas · April 16, 1930 · 115 Tex. Crim. 581

URL: https://www.frixlaw.com/law-library/cases/3935286

## Case

- **Full name:** Ancil Brown v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 16, 1930
- **Citations:** 115 Tex. Crim. 581; 28 S.W.2d 143; 1930 Tex. Crim. App. LEXIS 593
- **Precedential status:** Published
- **Opinion:** Addendum by Morrow
- **Judges:** Christian, Morrow
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3935286

## Opinion text

ON MOTION FOR REHEARING.
MORROW, Presiding Judge.
The appellant’s defense, namely, a mistake of fact growing out of his acting upon the information that his wife had secured a divorce was in a proper manner treated by the court in its charge. The jury was well warranted in con-
*584
eluding that the appellant did not use proper care in ascertaining whether his wife had in fact procured a divorce. See Underhill’s Cr. Ev., 3rd Ed., p. 835, sec. 598; Tex. Jur., Vol. 6, p. 560, sec. 14, notes; Busby v. State, 89 Tex. Cr. R. 213 .
The bills of exception to which reference is made in the motion have been examined. The opinion is expressed that the proper disposition of the case was made upon the original hearing.
The motion is overruled.
Overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3935286. Public record. Not legal advice.