Kilpatrick v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before Hon. Samuel R. Scott. Appeal from a conviction for incest; penalty, four years’ imprisonment in the penitentiary. The indictment charged appellant with committing incest with Susie Maloney, his stepdaughter. Ho statement necessary.
1Opinion of the Court
DAVIDSOH, Judge.
Appellant was convicted of incest with his stepdaughter, his punishment being assessed at four years confinement in the penitentiary; hence this appeal.
Appellant’s motion for a continuance was overruled, and he assigns this action of the court as error. A bill of exceptions was not reserved, and therefore the matter can not be revised.
Pending the investigation of the case, Dr. Hudson was permitted to testify that he attended the prosecutrix at the birth of her child, and saw it several times during its life of about six weeks’ duration, and in his opinion the child favored the…
2Cases cited4 opinions
- Barnes v. StateCourt of Criminal Appeals of Texas · 1897
- Hanawalt v. StateWisconsin Supreme Court · 1885
- State v. DanforthSupreme Court of Iowa · 1878
- Pike v. PeopleAppellate Court of Illinois · 1889
3Cited by4 opinions
- Hill v. StateCourt of Criminal Appeals of Texas · 1972
- Richardson v. StateCourt of Criminal Appeals of Texas · 1902
- Boone v. HenryCourt of Appeals of Texas · 1941
- Redman v. StateCourt of Criminal Appeals of Texas · 1911