Jenkins v. State
Court of Appeals of Texas
Appeal from the District Court of McLennan. Tried below before the Hon. X. B. Saunders. The appellant, a colored man, was indicted for a forcible rape on Laura Austin, also colored, who was the principal witness for the state. She testified explicitly to the commission of the offense by the accused, but her evidence was-contradicted in several respects by other negroes.
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Appeal from the District Court of McLennan. Tried below before the Hon. X. B. Saunders. The appellant, a colored man, was indicted for a forcible rape on Laura Austin, also colored, who was the principal witness for the state. She testified explicitly to the commission of the offense by the accused, but her evidence was-contradicted in several respects by other negroes. The jury, however, found the accused guilty, and assessed his punishment at five years in the penitentiary. His motions for a new trial and in arrest of judgment were overruled, and he appealed on the assignment of errors…
1Opinion of the CourtWinkler, J.
The appellant was tried and convicted in. the district court of McLennan county on a charge of rape,, alleged to have been perpetrated on one Laura Austin, in said county of McLennan, on the 8th day of January, 1876,. and has appealed to this court, and seeks a reversal of the-judgment rendered against him on the following assignment, of errors:
1st. The court erred in its charge to the jury.
2d. The court erred in its charge to the jury in omitting-to give the law of the case in reference to the statutory definition of 66 force,” as applicable to the offense of rape.
3d. The court erred in…
2Cases cited4 opinions
- Bishop v. StateTexas Supreme Court · 1875
- Lopez v. StateTexas Supreme Court · 1874
- Sanders v. StateTexas Supreme Court · 1874
- Fulcher v. StateTexas Supreme Court · 1874