Legal Opinion

Turman v. State

Court of Criminal Appeals of Texas

Decided May 2, 1906No. 3175PublishedCited by 19 opinions

The indictment charges the defendant, “that he did then and there unlawfully make an assault with intent then and there to commit rape in and upon one Mrs. Willie Bateman, a woman, by then and there attempting by force, threats and fraud to ravish and have carnal knowledge of the said Mrs. Willie Bateman without her consent, against the peace and dignity of the State.” The opinion states the case.

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of an assault with intent to commit rape, and his punishment assessed at twenty-five years confinement in the penitentiary; hence this appeal.

The State’s case is to the effect that prosecutrix, between 12 and 1 o’clock on the 25th of December, 1905, left her brother’s (Lee Blaylock), who lived some four hundred yards from her father’s (W. B. Blaylock)> to go to the latter’s house, where she had been living before she married (which was several weeks before the alleged rape), to change her dress. That while she was there alone, and while changing her…

2Cases cited5 opinions

  1. Reddick v. StateCourt of Criminal Appeals of Texas · 1896
  2. Bruce v. StateCourt of Criminal Appeals of Texas · 1893
  3. Murphy, Alias Jones v. StateCourt of Criminal Appeals of Texas · 1899
  4. Miller Clark v. StateCourt of Criminal Appeals of Texas · 1898
  5. Moore v. StateCourt of Criminal Appeals of Texas · 1899

3Cited by19 opinions

  1. Taylor v. StateCourt of Criminal Appeals of Texas · 1971
  2. State v. BaldwinSupreme Court of Missouri · 1927
  3. Long v. StateCourt of Criminal Appeals of Texas · 1931
  4. Thompson v. StateIndiana Supreme Court · 1944
  5. Key v. StateCourt of Criminal Appeals of Texas · 1946

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