Nichols v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for rape, the penalty having been assessed by the verdict and judgment at death. Important testimony adduced at the trial is reproduced, as follows: Anna Straka was introduced by the State, who testified through an interpreter. Being interrogated by the court as to her competency, upon demand of counsel of defendant, she answered as follows: My name is Anna Straka. I am 11 years old; will be 11 my next birthday.
Read the full summary
This appeal is from a conviction for rape, the penalty having been assessed by the verdict and judgment at death. Important testimony adduced at the trial is reproduced, as follows: Anna Straka was introduced by the State, who testified through an interpreter. Being interrogated by the court as to her competency, upon demand of counsel of defendant, she answered as follows: My name is Anna Straka. I am 11 years old; will be 11 my next birthday. I was born in the village of Altraham. I came to this country about three and a half years ago. We lived when we first got here with my uncle, and…
1Opinion of the Court
SIMKINS, Judge.
Appellant, a negro, was convicted of rape of a white girl between 10 and 11 years of age. His punishment was fixed at death, from which he appeals.
1. Appellant complains, that the court erred in permitting Sheriff White to detail the statements made to him by defendant, who was under arrest, and was not cautioned as required by law. There was no error. In his statements before the jury the witness shows that he had duly cautioned the defendant. The defendant did not deny this before the jury, or raise any issue before them as to its truth.
2. Appellant further complains, that…
2Cited by11 opinions
- Walker v. StateCourt of Criminal Appeals of Texas · 1938
- Cernoch v. Colorado CountyCourt of Appeals of Texas · 1932
- Ex Parte HernanCourt of Criminal Appeals of Texas · 1903
- Ex Parte WalshCourt of Criminal Appeals of Texas · 1910
- Gonzalus v. StateCourt of Criminal Appeals of Oklahoma · 1912
6 more not listed; retrieve them via the Exa API.