Legal Opinion

Hudson v. State

Court of Criminal Appeals of Texas

Decided November 22, 1905No. 3326PublishedCited by 11 opinions

The State relied alone upon the testimony of the prosecutrix Myrtle Wallace, who testified in substance: .that on the 3rd of June, 1905, while traveling on the, public road in the direction of her home the defendant ran up behind her and grabbed her by the shoulders and said, “Let’s do some fuck.”

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The State relied alone upon the testimony of the prosecutrix Myrtle Wallace, who testified in substance: .that on the 3rd of June, 1905, while traveling on the, public road in the direction of her home the defendant ran up behind her and grabbed her by the shoulders and said, “Let’s do some fuck.” That she jerked loose from him and ran out of the public road about forty yards where the defendant caught her again; that they struggled there for some time, defendant trying to pull her clothes up, she trying to keep them down; that in doing so he tore her dress skirt and underskirt; that he…

1Opinion of the Court

DAVIDSON, Presiding Judge.

The indictment contains two counts (1) assault to rape by force, threats and fraud, upon Myrtle Wallace; and (2) by means of an assault upon Myrtle Wallace, who was then and there under 15 years of age. The conviction occurred under the second count.

The first bill was reserved to the refusal of the court to permit appellant to prove by district attorney, Baker, that appellant testified before the grand jury, that he would be 14 years of age on the 5th day of October, 1905. This assault should have occurred on the 3rd day of June, 1905. The reason for excluding this…

2Cases cited2 opinions

  1. Carter v. StateCourt of Criminal Appeals of Texas · 1902
  2. Hutchins v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by11 opinions

  1. Conger v. StateCourt of Criminal Appeals of Texas · 1911
  2. Casey v. StateCourt of Criminal Appeals of Texas · 1906
  3. Huebsch v. StateCourt of Criminal Appeals of Texas · 1923
  4. State v. PerkinsSouth Dakota Supreme Court · 1913
  5. Weaver v. StateCourt of Criminal Appeals of Oklahoma · 1919

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