Legal Opinion

Sawyer v. State

Court of Criminal Appeals of Texas

Decided November 2, 1898No. 1879PublishedCited by 14 opinions

Appeal from the District Court of Ellis. Tried below before Hon. J. E. Dillaed. Appeal from a conviction for rape; penalty, death. The indictment charged the appellant with the rape of Fannie Fuller, on or about the 5th day of June, 1898. ' The opinion of the court below gives a very full and clear summary of the important facts developed on the trial, and no additional statement is called for.

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Appeal from the District Court of Ellis. Tried below before Hon. J. E. Dillaed. Appeal from a conviction for rape; penalty, death. The indictment charged the appellant with the rape of Fannie Fuller, on or about the 5th day of June, 1898. ' The opinion of the court below gives a very full and clear summary of the important facts developed on the trial, and no additional statement is called for. Hor do any of the supposed errors complained of by appellant and discussed in the opinion need further .illustration.

1Opinion of the Court

DAVIDS OH, Judge.

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

The first bill of exceptions recites that, during the call of the special venire, it was ascertained that T. H. Williamson and J. M. Gillpen, whose names had been drawn upon said special venire, were absent. The court ordered that the impanelment of the jury proceed without waiting for the appearance and examination of said jurors, to which defendant excepted. The bill further recites “that the county attorney asked defendant if he desired attachments for said veniremen. Defendant did not…

2Cases cited3 opinions

  1. Trotter v. StateCourt of Criminal Appeals of Texas · 1896
  2. Adams v. StateCourt of Criminal Appeals of Texas · 1895
  3. Aud and Townsend v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by14 opinions

  1. Pittman v. StateCourt of Criminal Appeals of Texas · 1968
  2. Huffman v. StateCourt of Criminal Appeals of Texas · 1970
  3. James Lee Marion v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1971
  4. Allbright v. SmithTexas Commission of Appeals · 1928
  5. Odneal v. StateCourt of Criminal Appeals of Texas · 1931

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