Mischer, Alias Black Bird v. State
Court of Criminal Appeals of Texas
The indictment, which was presented by the grand jurors of Guadalupe County, charged appellant with rape committed upon Rosa Macha, in Colorado County, on the 13th day of April, 1899. Counsel for defendant filed the following motion to quash the indictment, viz : “1. The session act of the special session of the Legislature of the State of Texas, passed at the first called session of the Twenty-fifth Legislature, under which this court assumes jurisdiction in this cause, is…
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The indictment, which was presented by the grand jurors of Guadalupe County, charged appellant with rape committed upon Rosa Macha, in Colorado County, on the 13th day of April, 1899. Counsel for defendant filed the following motion to quash the indictment, viz : “1. The session act of the special session of the Legislature of the State of Texas, passed at the first called session of the Twenty-fifth Legislature, under which this court assumes jurisdiction in this cause, is in flagrant violation of the constitutions of both the United States and the State of Texas; in this, that said law, in…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of rape, and his punishment assessed at death; hence this appeal.
Appellant made a motion to quash the indictment, which was overruled by the court, and he reserved his bill of exception. The indictment was in the usual form, charging that appellant committed the rape, in the .county of Colorado, on one Rosa Macha, by force and without her consent. The same was presented by a grand jury of Guadalupe County, and the question raised is as to the authority of the Legislature to enact the Act of June 18, 1897 (see Acts Special Session, page 16), with…
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