Legal Opinion

Reagan v. State

Court of Appeals of Texas

Decided November 27, 1889No. 3261PublishedCited by 10 opinions

Appeal from the District Court of Falls. Tried below before Hon. J. R. Dickenson. The appellant was convicted under the second count of the indictment charging him with an attempt to rape Mary Ann Regian, in Falls County, Texas, on the 28th day of January, 1888. A term of two years in the penitentiary was the penalty assessed against him.

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Appeal from the District Court of Falls. Tried below before Hon. J. R. Dickenson. The appellant was convicted under the second count of the indictment charging him with an attempt to rape Mary Ann Regian, in Falls County, Texas, on the 28th day of January, 1888. A term of two years in the penitentiary was the penalty assessed against him. Stated in brief, the evidence shows that the alleged attempt to rape Mrs. Regian was committed in a house on the farm of E. A. Watson, in Falls County, into which Mrs. Regian, her husband, and children had moved on the preceding day. That house, for two…

1Opinion of the Court

Hurt, Judge.

This is a conviction for an attempt to rape.

There are two counts in the indictment. The first charges an assault with the intent to commit rape. The second charges an attempt to commit rape. The first is sufficient for an assault with intent to commit rape. Is the second count sufficient for an attempt to rape? Counsel for appellant contends that it is not, the objection being that as this count charges that the rape was attempted alone by threats, it should have been alleged that the threats were directed against the person of the prosecutrix. This is not necessary. See…

2Cases cited3 opinions

  1. Maher v. PeopleMichigan Supreme Court · 1862
  2. People v. ScottMichigan Supreme Court · 1859
  3. Ogletree v. StateSupreme Court of Alabama · 1856

3Cited by10 opinions

  1. De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
  2. Booher v. StateIndiana Supreme Court · 1901
  3. Nielson v. StateCourt of Criminal Appeals of Texas · 1969
  4. Smith v. StateCourt of Criminal Appeals of Texas · 1912
  5. Ramos v. StateCourt of Criminal Appeals of Texas · 1941

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