Legal Opinion

Lights v. State

Court of Appeals of Texas

Decided May 8, 1886No. 4001PublishedCited by 18 opinions

Appeal from the District Court of Brazos. Tried below before the Hon. N. Gr. Kittrell. The conviction was for an assault with intent to rape one Virginia Franklin, in Brazos county, Texas, on the fourth day of March, 1886. The penalty imposed by the jury was a term of seven years in the penitentiary. Mrs. Virginia Franklin was the first witness for the State. She testified, in substance, that in March, 1886, she and her husband lived in Bryan, Brazos county, Texas.

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Appeal from the District Court of Brazos. Tried below before the Hon. N. Gr. Kittrell. The conviction was for an assault with intent to rape one Virginia Franklin, in Brazos county, Texas, on the fourth day of March, 1886. The penalty imposed by the jury was a term of seven years in the penitentiary. Mrs. Virginia Franklin was the first witness for the State. She testified, in substance, that in March, 1886, she and her husband lived in Bryan, Brazos county, Texas. While the witness was clearing up the dishes after dinner on the fourth day of that month, after her husband had returned to town…

1Opinion of the Court

White, Presiding Judge.

This is an appeal from a judgment of conviction for assault with intent to rape. A motion made to quash the indictment was properly overruled, it being in all *313respects conformable to the approved precedents. (Willson’s Criminal Forms, No. 358, p. 162.)

On the trial the district attorney was permitted, over objection of defendant, to aslc defendant’s witness, George Harrison, “if he had not been in the penitentiary, and if he was not sent up from Havasota, Grimes county?” It is insisted tliat such questions were inadmissible for any purpose. If to show incompetency, that…

2Cases cited2 opinions

  1. Pefferling v. StateTexas Supreme Court · 1874
  2. State v. EzellTexas Supreme Court · 1874

3Cited by18 opinions

  1. Bustillos v. StateCourt of Criminal Appeals of Texas · 1971
  2. Tew v. StateCourt of Criminal Appeals of Texas · 1977
  3. Watkins v. StateCourt of Criminal Appeals of Texas · 1978
  4. Sherman v. StateCourt of Criminal Appeals of Texas · 1933
  5. Bernard's, Inc. v. AustinCourt of Appeals of Texas · 1927

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