Oxsheer v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Holán. Tried below before Hon. E. A. Eigland, Special Judge. Appeal from a conviction for assault with intent to rape; penalty, five years imprisonment in the penitentiary.
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Appeal from the District Court of Holán. Tried below before Hon. E. A. Eigland, Special Judge. Appeal from a conviction for assault with intent to rape; penalty, five years imprisonment in the penitentiary. The charging part of the indictment reads as follows, viz: “Did then and there in and upon Mrs. Annie Lloyd, a woman, did make an assault with the intent then and there to commit the offense of rape upon the said Mrs. Annie Lloyd, by then and there, without the consent of the said Sirs. Annie Lloyd, attempting by force, threats, and fraud, to have carnal knowledge of her, the said Sirs.…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of an assault with intent to rape, and his punishment assessed at confinement in the penitentiary for a term of five years; hence this appeal.
The court properly overruled the appellant’s motion to quash the indictment. It charges an assault with intent to rape, and. the fact that it closed with the expression, “by then and there, without the consent of the said Mrs. Annie Lloyd, attempting, by force, threats, and fraud, to have qarnal knowledge of her, the said Mrs. Annie Lloyd,” does not make it duplicitous.
The court did not err in admitting the…
2Cited by9 opinions
- Elliott v. NelsonTexas Supreme Court · 1923
- Morse v. StateCourt of Criminal Appeals of Texas · 1919
- Douglass v. StateCourt of Criminal Appeals of Texas · 1914
- Cole v. StateCourt of Criminal Appeals of Texas · 1914
- Douglas v. StateCourt of Criminal Appeals of Texas · 1914
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