Carter v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hamilton. Tried below before Hon. W. J. Oxford. Appeal from a conviction of assault with intent to rape a female under 15 years of age; penalty, five years imprisonment in the penitentiary.
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Appeal from the District Court of Hamilton. Tried below before Hon. W. J. Oxford. Appeal from a conviction of assault with intent to rape a female under 15 years of age; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with assault witíi intent to rape Maude Loyd, a female under the age of 15 years, on the 4th day of February, 1900. The essential facts are stated in the opinion as well as the facts pertaining to appellant’s bills of exception.
1Opinion of the Court
DAVIDSON, Presiding Judge.
The indictment charges and the conviction was obtained for an assault with intent to commit rape upon a girl under 15 years of age, and given five years in the penitentiary.
Appellant interposed what he terms two pleas,—one to the jurisdiction, and the other in abatement. They set up the same facts, the substance of which is that after the alleged occurrence the grand jury returned a bill of indictment charging appellant with an aggravated assault, which was properly certified to the county court. For about two years this indictment was pending in the county court,…
2Cited by14 opinions
- Morgan v. ForetichCourt of Appeals for the Fourth Circuit · 1988
- Conger v. StateCourt of Criminal Appeals of Texas · 1911
- Wallace v. StateCourt of Criminal Appeals of Texas · 1943
- State v. WilsonWyoming Supreme Court · 1924
- Hudson v. StateCourt of Criminal Appeals of Texas · 1905
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