Westerman v. State
Court of Criminal Appeals of Texas
The following statement of the evidence taken from appellant’s brief is substantially correct: Lonnie Hutton testified that she was the wife of Emmett Hutton; that the defendant married the sister of Emmett Hutton; that on Friday, the 14th, day of June, 1907, she was at the home of the defendant; that her husband was at work in the field, some distance from the house; that she was at the house, and that the defendant came to the house, from his work in the orchard, near the…
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The following statement of the evidence taken from appellant’s brief is substantially correct: Lonnie Hutton testified that she was the wife of Emmett Hutton; that the defendant married the sister of Emmett Hutton; that on Friday, the 14th, day of June, 1907, she was at the home of the defendant; that her husband was at work in the field, some distance from the house; that she was at the house, and that the defendant came to the house, from his work in the orchard, near the house; sat down in the door, near where she was sitting, engaged in sewing, that the defendant caught hold of her arm;…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of an aggravated assault and his punishment assessed at a fine of $500 and two years in the county jail.
Appellant filed a motion to quash the indictment. The charging part of the indictment is, as follows: "Did then and there unlawfully make an assault, with the intent then and there to commit rape in and upon Lonnie Hutton, a woman, by then and there attempting, by force, threats and fraud, to ravish and have carnal knowledge of the said Lonnie Hutton, without her consent, the said Lonnie Hutton, then and there not being the wife of him, the said Ben…
2Cases cited2 opinions
- Franklin v. StateCourt of Criminal Appeals of Texas · 1895
- Payne v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by4 opinions
- Essary v. StateCourt of Criminal Appeals of Texas · 1908
- Singleton v. StateCourt of Criminal Appeals of Texas · 1908
- Smith v. StateCourt of Criminal Appeals of Texas · 1908
- Jackson v. StateCourt of Criminal Appeals of Texas · 1931