Legal Opinion

Smith v. State

Texas Supreme Court

Decided July 1, 1874PublishedCited by 4 opinions

Appeal from Fort Bend. Tried below before the Hon. L. Lindsay. The age of the boy found guilty in this case of an assault with intent to commit a rape does not appear from the statement of facts. The age of the female child upon whom the assault was alleged to have been committed was less than four years. The punishment of the defendant was assessed at three years’ confinement in the State penitentiary.

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Appeal from Fort Bend. Tried below before the Hon. L. Lindsay. The age of the boy found guilty in this case of an assault with intent to commit a rape does not appear from the statement of facts. The age of the female child upon whom the assault was alleged to have been committed was less than four years. The punishment of the defendant was assessed at three years’ confinement in the State penitentiary. The defendant’s motion for new trial was overruled on the 8d of July, 1874, and his motion in arrest of judgment on the 7th of the same month, when notice of appeal was given in open court. On…

1Opinion of the Court

Gould, Associate Justice.

The indictment charges the offense of assault with intent to rape, substantially in the language of the statute, (Pas. Dig., arts. 2156, 2184,) and was, we think, sufficient.

The record discloses that the injured party was a child in her fourth year at the time of the offense, (August 14, *3541871,) and at the time of the trial in the seventh year of her age. It appears by the bill of exceptions that the court held that she was “too young to testify,” and ordered her parents, after proving the injuries found on the person of the child at the time, to prove her…

2Cases cited1 opinion

  1. People v. McGeeCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by4 opinions

  1. Pate v. StateCourt of Appeals of Texas · 1886
  2. Wyres v. StateCourt of Criminal Appeals of Texas · 1914
  3. Howard v. StateCourt of Criminal Appeals of Texas · 1916
  4. Etheridge v. StateCourt of Appeals of Texas · 1880

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