Legal Opinion

Farmer v. State

Court of Criminal Appeals of Texas

Decided December 4, 1895No. 1224PublishedCited by 7 opinions

Appeal from the District Court of Kaufman. Tried below before Hon. J. E. Dillard. This appeal is from a conviction for assault with. intent to commit rape, the punishment being assessed at eight years’ imprisonment in the penitentiary. The indictment charged Joe Farmer, this appellant, and one Miller Clark jointly with the commission of the offense.

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Appeal from the District Court of Kaufman. Tried below before Hon. J. E. Dillard. This appeal is from a conviction for assault with. intent to commit rape, the punishment being assessed at eight years’ imprisonment in the penitentiary. The indictment charged Joe Farmer, this appellant, and one Miller Clark jointly with the commission of the offense. On motion, the defendants were permitted to sever on the trial, and this appellant was alone tried with the result as above stated. In view of the disposition of the case, made in the opinion of the court, a general statement is unnecessary.

1Opinion of the Court

DAVIDSON, Judge.

Appellant and one Miller Clark were indicted for assault with intent to rape. A severance was had, and Farmer placed on trial. He was convicted, given eight years in the penitentiary, and prosecutes this appeal. Hewitt Mathis and Lum Hines were very important witnesses for the appellant, testifying to facts which, if true, exonerated him from the assault. It appears from the record that these witnesses were arrested and placed in jail, remaining there for a week or two, charged with the same crime as appellant. Upon cross-examination the State proved that they had been…

2Cases cited1 opinion

  1. Lewis v. StateSupreme Court of Alabama · 1860

3Cited by7 opinions

  1. Luttrell v. StateCourt of Criminal Appeals of Texas · 1899
  2. Holland v. StateCourt of Criminal Appeals of Texas · 1910
  3. Butler v. StateCourt of Criminal Appeals of Texas · 1908
  4. Pruitt v. StateCourt of Criminal Appeals of Texas · 1924
  5. Casey v. StateCourt of Criminal Appeals of Texas · 1924

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