Coleman v. State
Court of Appeals of Texas
Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. The conviction in this case was for the burglary of the house of A. J. Hill, with intent to commit rape upon Miss Maggie Hill. The penalty assessed by the verdict was a term of three-years in the penitentiary. Miss Maggie Hill was the first witness for the State.
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Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. The conviction in this case was for the burglary of the house of A. J. Hill, with intent to commit rape upon Miss Maggie Hill. The penalty assessed by the verdict was a term of three-years in the penitentiary. Miss Maggie Hill was the first witness for the State. She testified that she was the female mentioned in the indictment, and was the daughter of A. J. Hill, the person of that name alleged to be the owner of the house burglarized on the night of March 18, 1888. The witness lived at the house of her…
1Opinion of the Court
Willson, Judge.
We do not hesitate to say that, as presented to us in the record, the evidence is insufficient to sustain the conviction. It devolved upon the prosecution to prove satisfactorily, beyond a reasonable doubt, not only that the defendant entered the house, but that he entered it with the specific intent to commit the felony of rape, as charged in the indictment. We do not say that the evidence is insufficient to warrant the conclusion that the defendant did enter the house. We must say, however, that we would hesitate to declare that it excludes all reasonable doubt that he was…
2Cited by4 opinions
- State v. WorthenSupreme Court of Iowa · 1900
- Brown v. StateCourt of Criminal Appeals of Texas · 1923
- Denison v. StateCourt of Criminal Appeals of Texas · 1983
- Denison v. StateCourt of Criminal Appeals of Texas · 1983