Dockery v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Wise. Tried below before Hon. J. W. Patterson. This appeal is from a conviction for assault with intent to commit rape, by appellant, upon one Agnes Dockery, wherein the punishment assessed was imprisonment for three years in the penitentiary.
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Appeal from the District Court of Wise. Tried below before Hon. J. W. Patterson. This appeal is from a conviction for assault with intent to commit rape, by appellant, upon one Agnes Dockery, wherein the punishment assessed was imprisonment for three years in the penitentiary. Agnes Dockery was the only witness who testified in the case, and her testimony is as follows, viz:. “My name is Agnes Dockery; I am 17 years old, was 17 last birthday; I know the defendant; he is my father. Up to the time of his arrest I lived with the defendant and my mother, who were married and living together;…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of an assault with intent to rape, and his punishment assessed at three years’ confinement in the penitentiary, and prosecutes this appeal. A very remarkable. procedure was had in this case, without any authority in law. It appears that the wife of the defendant was before the grand jury as a witness for the prosecution. This offense is not of that character as would permit the wife to become a witness against the husband. Coun- • sel for appellant, because of the fact that the wife was a witness before the grand jury to procure the bill, moved to…
2Cases cited6 opinions
- State v. BurgdorfSupreme Court of Missouri · 1873
- State v. HagermanSupreme Court of Iowa · 1877
- Reynolds v. PeopleNew York Supreme Court · 1871
- Taylor v. StateSupreme Court of Georgia · 1873
- Joice v. StateSupreme Court of Georgia · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. ComerIndiana Supreme Court · 1902
- State v. WilsonWyoming Supreme Court · 1924
- State v. ChanceNew Mexico Supreme Court · 1923
- State v. WoodrowWest Virginia Supreme Court · 1905
- Barnes v. StateCourt of Criminal Appeals of Texas · 1965
13 more not listed; retrieve them via the Exa API.