Holst v. State
Court of Appeals of Texas
Appeal from the District Court of Jefferson. Tried below before the Hon. W. H. Ford. The indictment in this case charged the appellant with the rape of Cordelia Holst, a female under the age of ten years, in Jefferson county, Texas, on the twenty-third day of August, 1886. The conviction was for assault, with intent to rape, and the penalty assessed was a term of two years in the penitentiary. Oscar Holst was the first witness for the State.
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Appeal from the District Court of Jefferson. Tried below before the Hon. W. H. Ford. The indictment in this case charged the appellant with the rape of Cordelia Holst, a female under the age of ten years, in Jefferson county, Texas, on the twenty-third day of August, 1886. The conviction was for assault, with intent to rape, and the penalty assessed was a term of two years in the penitentiary. Oscar Holst was the first witness for the State. He testified that he was the father of Cordelia Holst, the alleged injured female. The witness was now living in the town of Beaumont; but on the…
1Opinion of the Court
Hurt, Judge.
The appellant was convicted in the court below of the offense of assault with intent to rape, and present ■ his case here on appeal.
The indictment charges the offense to have been committed upon Cordelia Holst, a female under the age of ten years. Over objection, the State was permitted to make proof in the court below that Cordelia had complained of the assault and exhibited marks of violence. To this extent it was proper, in an ordinary case, that the testimony should go. The prosecution was further permitted to put in evidence the particulars of the complaint, and the name of…
2Cited by5 opinions
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