Legal Opinion

Wood v. State

Court of Appeals of Texas

Decided June 20, 1889No. 6644PublishedCited by 5 opinions

Appeal from the District Court of Grayson. Tried below before Hon. H. 0. Head. The indictment charged the appellant with the rape of Mrs. Maggie Miles in Sherman, Grayson County, Texas, on the night of Wednesday, June 6, 1888. His trial resulted in his conviction, and he was awarded a life term in the penitentiary.

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Appeal from the District Court of Grayson. Tried below before Hon. H. 0. Head. The indictment charged the appellant with the rape of Mrs. Maggie Miles in Sherman, Grayson County, Texas, on the night of Wednesday, June 6, 1888. His trial resulted in his conviction, and he was awarded a life term in the penitentiary. The conviction rests upon the testimony of Matilda Noel, the full substance of which is set out in the opinion of the court, that of Mrs. Miles, who testified to the facts set out in the opinion in connection with the ruling upon Matilda MoeFs testimony, and upon that of J. R.…

1Opinion of the Court

White, Presiding Judge.

But three bills of exception appear in this record. As to the first, the judge explains that after he had overruled the application for continuance, and before the impaneling of the jury was completed, both the absent witnesses named in said application appeared, and that one was excused by defendant, the other remaining to testify. Defendant could not possibly be injured under the circumstances.

2. The State proved by John Blain that he was marshal of the city of Sherman, and that as such officer he went to Dallas, and on Friday, the 8th day of June, 1888, at about 11…

2Cited by5 opinions

  1. Sanderson v. StateCourt of Criminal Appeals of Texas · 1928
  2. Eichhorn v. Louisville & N. R. R.Court of Appeals of Kentucky · 1901
  3. Taylor v. AshdownSouth Dakota Supreme Court · 1932
  4. Bell v. StateCourt of Criminal Appeals of Texas · 1931
  5. Scott v. StateCourt of Criminal Appeals of Texas · 1936

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