Legal Opinion

Kerley v. State

Court of Criminal Appeals of Texas

Decided April 20, 1921No. 6181PublishedCited by 41 opinions

The opinion states the case.

1Opinion of the Court

MORROW, Presiding Judge.

Conviction is for rape; punishment fixed at confinement in the penitentiary for a period of five years.

It is not necessary that an indictment charging rape upon a girl under eighteen years of age allege her previous chastity or to refer to the matter of consent. The punishment for rape is confinement, in the penitentiary or death; and in capital cases the statute allows to the State and to the accused each fifteen peremptory challenges. In felonies less than capital but ten such challenges are allowed. In this instance the appellant demanded fifteen and the court…

2Cases cited10 opinions

  1. Lewis v. United StatesSupreme Court of the United States · 1892
  2. Cæsar v. StateSupreme Court of Georgia · 1907
  3. Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
  4. Ex parte McCrarySupreme Court of Alabama · 1853
  5. Gonzales v. StateCourt of Criminal Appeals of Texas · 1920

5 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 2001
  2. De La Rosa v. StateCourt of Criminal Appeals of Texas · 1967
  3. Busby v. StateSupreme Court of Florida · 2005
  4. Martinez v. StateCourt of Criminal Appeals of Texas · 1988
  5. Mathis v. StateCourt of Criminal Appeals of Texas · 1959

36 more not listed; retrieve them via the Exa API.

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