Smith v. State

PRENDERGAST, Judge.

The appellant was indicted on January 17, 1910, for rape upon a girl under fifteen years of age, alleged to have occurred on April 25, 1909; was tried June 14, 1910, convicted, and his punishment fixed at ten years in the penitentiary.

The appellant m'ade a motion to quash the indictment because the same was returned at a time and at a term of the court not provided for by law. By the Act of February 3, 1909, the time of holding District Court in the Thirty-second District in Mitchell County was fixed to be on the fifteenth Monday after the first Monday in February and…