Carr v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Upshur. Tried below before Hon. Felix J. McCord. Appeal from a conviction for rape; penalty, live years’ imprisonment in the penitentiary. The record indicates, that the parties to the transaction were negroes. Dave Carr, the appellant, was a grown man and a first cousin of Alice Can-, the prosecutrix, whose age was between ten and eleven years, according to the testimony of the physician who delivered the mother at the time of her birth.
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Appeal from the District Court of Upshur. Tried below before Hon. Felix J. McCord. Appeal from a conviction for rape; penalty, live years’ imprisonment in the penitentiary. The record indicates, that the parties to the transaction were negroes. Dave Carr, the appellant, was a grown man and a first cousin of Alice Can-, the prosecutrix, whose age was between ten and eleven years, according to the testimony of the physician who delivered the mother at the time of her birth. This physician also examined the girl just after the alleged crime, and testifies that she had been ravished. Her private…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of rape upon a girl under 12 years of age (that being the charge in the indictment), and given a term of five years in the penitentiary, and prosecutes this appeal. When the case was called for trial, appellant filed a plea of limitation to the action, setting up that the “indictment charged the offense to have been committed on the T7th of July, 1892; that he was arrested during, the same month, and bound over to await the action of the grand jury. At the fall term of the court, to-wit: January 3d, they returned the indictment herein against him,…
2Cited by5 opinions
- Vasquez v. StateCourt of Criminal Appeals of Texas · 1977
- Gallardo v. State, Texas Court of Appeals, 4th District (San Antonio)1989
- Gardner v. StateIndiana Supreme Court · 1903
- State v. TurnerCourt of Appeals of Texas · 1993
- Garlington v. StateCourt of Criminal Appeals of Texas · 1925