Legal Opinion

Grimmett v. State

Court of Appeals of Texas

Decided October 23, 1886No. 2337PublishedCited by 31 opinions

Appeal from the District Court of Denton. Tried below before the Hon. E. E. Finer. The conviction in this case was for an assault with intent to rape Marietta Batchelor, in Denton county, Texas, on the eighteenth day of May, 1886. A term of two years in the penitentiary was the penalty assessed against the appellant. Marietta Batchelor was the first witness for the State.

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Appeal from the District Court of Denton. Tried below before the Hon. E. E. Finer. The conviction in this case was for an assault with intent to rape Marietta Batchelor, in Denton county, Texas, on the eighteenth day of May, 1886. A term of two years in the penitentiary was the penalty assessed against the appellant. Marietta Batchelor was the first witness for the State. She testified that, her mother and father leaving home to be absent during the night of May 8, 1886, she and her younger sister went to the house of the defendant, a neighbor, to remain until their parents called for them on…

1Opinion of the Court

Willson, Judge.

We find in the record a bill of exceptions as follows: “ Be it remembered that, on the trial of this cause, Annie Grimmett, a witness for the State, being on the witness stand, and under cross examination, the defendant’s counsel propounded the following question to her: 6 What did the defendant do after he got on Marietta?’ to which question she answered: c He did what he wanted to, I reckon. I guess you .know what he did.’ At the answer of the witness the audience laughed, whereupon the court stopped the examination of the witness and ordered the sheriff and his deputies who…

2Cited by31 opinions

  1. United States v. KobliCourt of Appeals for the Third Circuit · 1949
  2. People v. . O'SullivanNew York Court of Appeals · 1887
  3. United States of America Ex Rel. Anthony Bruno v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, NewyorkCourt of Appeals for the Second Circuit · 1969
  4. Davis v. United StatesCourt of Appeals for the Eighth Circuit · 1917
  5. Moore v. StateSupreme Court of Georgia · 1921

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