Grimes v. State

HARPER, Judge.

This is the second appeal in this case,—the opinion on the former appeal being reported in 64 Texas Crim. Rep., 64, 141 S. W. Rep., 261; therefore we do not deem it necessary to detail the facts again. On this trial appellant was again convicted of assault with intent to rape his stepdaughter, and he again appeals the case to this court.

To make our ruling on the first bill of exceptions plain it is necessary to state a portion of the testimony of appellant’s wife, appellant having offered her as a witness. On direct examination at the instance of appellant, Mrs. George Grimes…