Miller Clark v. State
Court of Criminal Appeals of Texas
. Appeal from the District Court of Kaufman. Tried below before Hon. J. E. Dillard. Appeal from a conviction for assault with intent to commit rape; penalty, two years imprisonment in the penitentiary. This is the third appeal taken in this case. See Clark v. State, 33 S. W. Rep., 224; Clark v. State, . 38 Texas Crim. Rep., 30. The opinion states the case as presented on this appeal.
1Opinion of the Court
HEMDERSOM, Judge.
Appellant was convicted of an assault with intent to rape, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
The State’s case was predicated mainly on the testimony of the prosecutrix. Her testimony shows that about 9 o’clock on the morning of the 4th of September, 1895, she was awakened from sleep by some one hallooing. She arose from her bed, in the north room of the house (being a front room), walked into the adjoining front room, which is the southwest room, and opened the door to see where the hallooing was. She…
2Cases cited1 opinion
- Clark v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by9 opinions
- Beal v. StateCourt of Criminal Appeals of Texas · 1975
- Thomas v. State, Texas Court of Appeals, 1st District (Houston)1991
- Turman v. StateCourt of Criminal Appeals of Texas · 1906
- Weaver v. StateCourt of Criminal Appeals of Texas · 1912
- Fortune v. StateCourt of Criminal Appeals of Texas · 1924
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