Carter v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Erath. Tried below before the Hon. W. J. Oxford. Appeal from a conviction of rape upon a female under the age of consent; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of remarks by the judge: Caruth v. State, 177 S. W. Kep., 973; McMahan v. State, 61 Texas Crim. Rep., 489, 135 S. W. Rep., 558; Deary v. State, 62 Texas Crim.
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Appeal from the District Court of Erath. Tried below before the Hon. W. J. Oxford. Appeal from a conviction of rape upon a female under the age of consent; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of remarks by the judge: Caruth v. State, 177 S. W. Kep., 973; McMahan v. State, 61 Texas Crim. Rep., 489, 135 S. W. Rep., 558; Deary v. State, 62 Texas Crim. Rep., 352, 137 S. W. Rep., 699; Scott v. State, 71 Texas Crim.' Rep., 41, 160 S. W. Rep., 960.
1Opinion of the Court
PRENDERGAST, PRESIDING Judge.
Appellant was convicted of the rape of his wife’s sister, Stella Mayberry, who was alleged to be under the age of fifteen years at the time. The jury assessed the low-| est. punishment against him. The evidence was clearly sufficient to; sustain the conviction.
The indictment follows the statute and is in the usual approved' form, except that it did not specifically allege that Stella Mayberry was “a female.” It did allege, however, that Stella was not his wife and that “he did then and there ravish and have carnal knowledge of her, the said Stella Mayberry.” Under…
2Cases cited10 opinions
- Carter v. StateCourt of Criminal Appeals of Texas · 1910
- Battles v. StateCourt of Criminal Appeals of Texas · 1910
- Holliday v. StateCourt of Criminal Appeals of Texas · 1895
- Kosmoroski v. StateCourt of Criminal Appeals of Texas · 1910
- Tracy v. StateTexas Supreme Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Seaton v. StateCourt of Criminal Appeals of Texas · 1978
- Davis v. StateCourt of Criminal Appeals of Texas · 1925
- Thompson v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Ray v. StateCourt of Criminal Appeals of Texas · 1949