Legal Opinion

Castillo v. State

Court of Appeals of Texas

Decided October 18, 1890No. 3362Published

Appeal from the District Court of Cameron. Tried below before Hon. J. C. Russell. This conviction was for kidnapping a female, and the penalty assessed was a term of two years in the penitentiary.

1Opinion of the Court

WILLSOH, Judge.

This conviction is for kidnapping a female. “ Kidnapping” is an aggravated species of false imprisonment. Penal Code, art. 521; Click v. The State, 3 Texas, 282. In this offense, as in false imprisonment, there must be a wilful detention of a person without such person’s consent, and without authority of law. Penal Code, art. 513; Maner v. The State, 8 Texas Ct. App., 361. If the person kidnapped be a female under the age of fifteen years it is not necessary that force should be used upon her in order to constitute the offense. Penal Code, art. 513. But there is no provision…

2Cases cited1 opinion

  1. Click v. StateTexas Supreme Court · 1848

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