Legal Opinion

Whitehead v. State

Court of Criminal Appeals of Texas

Decided March 15, 1911No. 734PublishedCited by 11 opinions

The prosecutrix testified that about the 25th of May, 1907,• she, in company with her father, visited her brother-in-law, the defendant, who lived some distance from her parents’ home; that her father stayed there with her about two days, and that they were assigned a room together in which they slept two nights in succession, but in different beds; that her father then returned to his home and she remained with her brother-in-law and sister about a week longer; that…

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The prosecutrix testified that about the 25th of May, 1907,• she, in company with her father, visited her brother-in-law, the defendant, who lived some distance from her parents’ home; that her father stayed there with her about two days, and that they were assigned a room together in which they slept two nights in succession, but in different beds; that her father then returned to his home and she remained with her brother-in-law and sister about a week longer; that defendant and her sister had one child about two years old which was left in her care while defendant’s wife went over across…

1Opinion of the Court

PRENDERGAST, Judge.

—The appellant was indicted and convicted for rape on a girl less than fourteen years of age, charged to have been committed on or about May 28, 1907. He was given the lowest penalty—five years.

1. The appellant’s first ground of complaint is in effect that the evidence is insufficient to sustain the verdict. We have thoroughly and carefully gone through the evidence several times, and have reached the conclusion that the evidence is ample and the great preponderance of it fully sustains the conviction. We do not propose to give the testimony here. That will be for the…

2Cases cited5 opinions

  1. Douglas v. StateCourt of Criminal Appeals of Texas · 1910
  2. Bice v. StateCourt of Criminal Appeals of Texas · 1897
  3. Snodgrass v. StateCourt of Criminal Appeals of Texas · 1896
  4. Bader v. StateCourt of Criminal Appeals of Texas · 1909
  5. Knowles v. StateCourt of Criminal Appeals of Texas · 1902

3Cited by11 opinions

  1. Cooper v. StateCourt of Criminal Appeals of Texas · 1913
  2. Jaffe v. DeckardCourt of Appeals of Texas · 1924
  3. Schneider v. StateCourt of Criminal Appeals of Texas · 1965
  4. Fowler v. StateCourt of Criminal Appeals of Texas · 1921
  5. Fowler v. StateCourt of Criminal Appeals of Texas · 1921

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