Fields v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before Hon. John G. Winter, Special Judge. Appeal from a conviction for rape; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with rape committed “on or about” the 1st of April, 1897, upon one Alice Bequardt, a female then and there under the age of 15 years, she not being the wife of appellant.
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Appeal from the District Court of McLennan. Tried below before Hon. John G. Winter, Special Judge. Appeal from a conviction for rape; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with rape committed “on or about” the 1st of April, 1897, upon one Alice Bequardt, a female then and there under the age of 15 years, she not being the wife of appellant. The testimony shows substantially that the prosecutrix was born on the 10th of December, 1882. That she had been married to Fritz Bequardt about sixteen days, and since their marriage had been living at the…
1Opinion of the Court
HENDEES03ST, Judge.
Appellant was convicted of rape, and his punishment assessed at confinement in the penitentiary for a term of five years; hence this appeal.
Appellant made a motion in arrest of judgment, on the ground that the first count in the indictment, the one on which appellant was convicted, did not charge any offense. The charging part of said indictment is as follows: That defendant, “W. S. Fields, in and upon Alice Bequardt, a female then and there under the age of fifteen years, did make an assault, and the said W. S. Fields did then and there ravish and have carnal of the said…
2Cases cited2 opinions
- Davis v. StateTexas Supreme Court · 1874
- Harper v. DelpIndiana Supreme Court · 1851
3Cited by10 opinions
- Palmer v. StateTennessee Supreme Court · 1908
- Young v. StateCourt of Criminal Appeals of Texas · 1921
- Caple v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Mallett v. StateCourt of Criminal Appeals of Texas · 1942
- Turner v. StateCourt of Criminal Appeals of Texas · 1914
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