Legal Opinion

Nielson v. State

Court of Criminal Appeals of Texas

Decided January 29, 1969No. 41781PublishedCited by 19 opinions

1Opinion of the Court

OPINION

ONION, Judge.

The offense is attempt to rape; the punishment, assessed by the jury, 30 years’ confinement in the Texas Department of Corrections.

This appeal presents the question of whether a conviction for an attempt to rape may be sustained upon proof of the completed offense.

The 13-year-old prosecutrix testified that on the night of November 15, 1967, after her mother had left for work as a waitress in Fort Worth, the appellant, her father, gave her 16-year-old mentally retarded brother cigarettes to go to the living room of their trailer house and took her to the back bedroom; that…

2Cases cited38 opinions

  1. Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1960
  2. Thomas Lorenzo Williams v. Dr. George Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1966
  3. Vessels v. StateCourt of Criminal Appeals of Texas · 1968
  4. State v. MathisSupreme Court of New Jersey · 1966
  5. Fletcher v. StateCourt of Criminal Appeals of Texas · 1965

33 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Daniel v. StateCourt of Criminal Appeals of Texas · 1984
  2. Lightfoot v. StateCourt of Appeals of Maryland · 1976
  3. Douthit v. StateCourt of Criminal Appeals of Texas · 1971
  4. Daniels v. StateCourt of Criminal Appeals of Texas · 1971
  5. Diaz v. StateCourt of Criminal Appeals of Texas · 1973

14 more not listed; retrieve them via the Exa API.

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