Legal Opinion

Thompson v. State

Court of Criminal Appeals of Texas

Decided December 2, 1903No. 2862PublishedCited by 3 opinions

Appeal from the District Court of Bexar. Tried below before Hon. John H. Clark. Appeal from a conviction of rape; penalty, death. The indictment, which was filed June 28, 1902, charged appellant, Ernest Thompson: 1. “With the rape of Victoria Kiclcle, a female, then and there being under the age of 15 years.” 2. “With the rape of Victoria Nickle, a woman,” etc.

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Appeal from the District Court of Bexar. Tried below before Hon. John H. Clark. Appeal from a conviction of rape; penalty, death. The indictment, which was filed June 28, 1902, charged appellant, Ernest Thompson: 1. “With the rape of Victoria Kiclcle, a female, then and there being under the age of 15 years.” 2. “With the rape of Victoria Nickle, a woman,” etc. Under his plea of not guilty, he was convicted and his punishment as-' sessed at death, from which said judgment, after his motion and amended motion for new trial had been overruled in the court below, he appeals to the Court of…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of rape, and his punishment assessed at death; hence this appeal.

Appellant moved for continuance because of the absence of his leading counsel, J. M. Eckford, Esq., who is shown to have been sick at the time of the trial. It is shown that appellant had other counsel, and the record does not disclose that he suffered any injury on account of the absence of his leading attorney. In this connection appellee also asked for continuance on account of the absence of said J. M. Eckford, Esq., who he alleged was a material witness for him, and who had been duly…

2Cited by3 opinions

  1. Mueller v. StateCourt of Criminal Appeals of Texas · 1919
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 1932
  3. Casanova v. StateCourt of Criminal Appeals of Texas · 1920

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