Neill v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Johnson. Tried below before Hon. O. L. Lockett. Appeal from a conviction of aggravated assault; penalty, a fine of $800. The testimony in the case is very voluminous and obscene, and the issue between the State and the defendant ivas narrmved down as to whether defendant used undue force or was merely attempting to have sexual intercourse with the prosecutrix with her consent.
Read the full summary
Appeal from the District Court of Johnson. Tried below before Hon. O. L. Lockett. Appeal from a conviction of aggravated assault; penalty, a fine of $800. The testimony in the case is very voluminous and obscene, and the issue between the State and the defendant ivas narrmved down as to whether defendant used undue force or was merely attempting to have sexual intercourse with the prosecutrix with her consent. The prosecutrix testified that the defendant threw her down and choked her and attempted with the assistance of another man to have carnal intercourse with her, and that a long struggle…
1Opinion of the Court
BROOKS, Judge.
Appellant was charged with the offense of rape, and the jury found him guilty of an aggravated assault, and his punishment was fixed at a fine of $800.
Appellant’s first bill of exceptions complains of the following: While appellant was on the stand in his own hehalf, the State laid the predicate to contradict the defendant by one Will Grigsby, propounding to said defendant the following question: “Is it not a fact that you met Will Grigsby there (meaning on Henderson street near Walsh’s restaurant) and called him and told him you wanted to have a talk Avith him, and after he…
2Cases cited1 opinion
- Swain v. StateCourt of Criminal Appeals of Texas · 1905
3Cited by3 opinions
- Ballard v. StateCourt of Criminal Appeals of Texas · 1913
- Hall v. StateCourt of Criminal Appeals of Texas · 1913
- Thompson v. StateCourt of Criminal Appeals of Texas · 1914