Miller v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Ellis. Tried below before the Hon. J. E. Dillard. Appeal from a conviction of burglary with intent to rape; penalty, two years imprisonment in the penitentiary.
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Appeal from the District Court of Ellis. Tried below before the Hon. J. E. Dillard. Appeal from a conviction of burglary with intent to rape; penalty, two years imprisonment in the penitentiary. The prosecutrix testified that she saw defendant as she sat by the window in the kitchen through the window; that he passed by looking at her through the window; that she became frightened and left said room to go into another, and the defendant disappeared; that he returned and raised the latch of the door and entered the house through the kitchen, making two or three jumps towards her, that she took…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of burglary with intent to rape, and his punishment assessed at two years confinement in the penitentiary.
The first count of the indictment charged an attempt to rape; the second charged burglary with intent to commit rape. The jury convicted appellant under the latter count. The only grounds in the motion for new trial are that the verdict of the jury is contrary to the law and the evidence. The evidence shows in substance that the defendant saw the prosecutrix in her home; went to the door without her consent and opened same, and prosecutrix run into an…
2Cited by1 opinion
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