Mitchell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Falls. Tried below before Hon. L. W. Goodrich. This appeal is from a conviction for burglary with intent to commit rape, the punishment being assessed at ten years imprisonment in the penitentiary. The opinion sufficiently states the facts in the case.
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Appeal from the District Court of Falls. Tried below before Hon. L. W. Goodrich. This appeal is from a conviction for burglary with intent to commit rape, the punishment being assessed at ten years imprisonment in the penitentiary. The opinion sufficiently states the facts in the case. Defendant’s refused special instruction was as follows, viz.: “ Defendant asks the court to charge the jury, that even though they should find that the defendant unlawfully entered the house in question for the purpose of having carnal knowledge of one Miss Matilda Newman without her consent, yet before you can…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of burglary with intent to commit rape upon one Matilda Newman, and his punishment assessed at ten years confinement in the penitentiary.
The prosecutrix, Matilda Newman, testified: “I reside in Falls County, Texas, about one mile east of Perry, Texas, with my stepfather, Charley Treager. I know the defendant. The house we live in is a two-story house, and I occupied a room in the upper story on the night of November 9, 1892. I retired at the usual hour, about 9 o’clock, together with a lady friend, Lena Yogus, who was spending the night with me.…
2Cited by6 opinions
- Hooks v. StateTennessee Supreme Court · 1926
- Mason v. StateCourt of Criminal Appeals of Texas · 1904
- State v. AsberryMissouri Court of Appeals · 1977
- State v. MoonSupreme Court of Kansas · 1901
- Scott v. StateCourt of Criminal Appeals of Texas · 1907
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