Nicholas v. State
Court of Appeals of Texas
Appeal from the District Court of Freestone. Tried below before the Hon. Sam. E. Frost. The conviction in this case was for the rape of Leona Harris, in Freestone county, Texas, on the twenty-fifth day of February, 1885. The penalty assessed against the appellant was a term of five years in the penitentiary. Leona Harris, the alleged injured female, was the first witness for the State.
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Appeal from the District Court of Freestone. Tried below before the Hon. Sam. E. Frost. The conviction in this case was for the rape of Leona Harris, in Freestone county, Texas, on the twenty-fifth day of February, 1885. The penalty assessed against the appellant was a term of five years in the penitentiary. Leona Harris, the alleged injured female, was the first witness for the State. She testified that she was the daughter of Martha Livingstone, but lived with the defendant (whom she denominated her step father), until her mother took her to Board Bottom. She lived with the defendant over a…
1Opinion of the Court
White, Presiding Judge.
This appeal is from a judgment of conviction for rape. As stated in the indictment, the charge, omitting formal parts, is that the accused “did then and there unlawfully and feloniously, in and upon one Leona Harris, a female person and under the age of ten years, make an assault violently and feloniously, and did, then and there, by force and threats, against her will and without her consent, ravish, rape and carnally know her, the said Leona Harris, contrary,” etc.
Our statute declares that “rape is the carnal knowledge of a *325woman without her consent, obtained by…
2Cases cited8 opinions
- State v. RandleTexas Supreme Court · 1874
- State v. . StorkeySupreme Court of North Carolina · 1868
- State v. . Baker and OthersSupreme Court of North Carolina · 1869
- State v. SmithTexas Supreme Court · 1859
- State v. DorsettTexas Supreme Court · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Jurek v. StateCourt of Criminal Appeals of Texas · 1975
- Odle v. StateCourt of Criminal Appeals of Texas · 1940
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
- State v. ScroggsSupreme Court of Iowa · 1903
- Schroeder v. StateCourt of Criminal Appeals of Texas · 1922
12 more not listed; retrieve them via the Exa API.