Legal Opinion

Smith v. State

Court of Criminal Appeals of Texas

Decided January 15, 1908No. 4145PublishedCited by 50 opinions

The explanation of the court to defendant’s bills of exception numbers 7 and 8, with reference to the statement of Jeff Tedley to the husband of prosecutrix, B. B. Culpepper, is as follows: “Witness had not been asked upon his direct examination by the State anything about the conversation with Tedley; and defendant on cross-examination interrogated the witness about what he had said to Tedley, and Tedley to him, among other questions witness was asked by defendant’s counsel…

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The explanation of the court to defendant’s bills of exception numbers 7 and 8, with reference to the statement of Jeff Tedley to the husband of prosecutrix, B. B. Culpepper, is as follows: “Witness had not been asked upon his direct examination by the State anything about the conversation with Tedley; and defendant on cross-examination interrogated the witness about what he had said to Tedley, and Tedley to him, among other questions witness was asked by defendant’s counsel on cross-examination: ‘How, when you went down to Tedley’s and staid all night of the day you were told by your wife in…

1Opinion of the Court

RAMSEY, Judge.

Appellant was convicted of rape of his daughter, and his punishment assessed by the jury at imprisonment in the penitentary for life.

The case was before this court on former appeal, and was reversed, 49 Texas Crim. Rep., 174, 100 S. W. Rep., 924. The facts are essentially the same on the present trial as on the former appeal, and no good or useful purpose could be served by a repetition of the horrible details of the crime alleged.

Appellant made a motion for a change of venue on the ground of prejudice and a formidable combination adverse to him in the county where he was being…

2Cases cited2 opinions

  1. Horn v. StateCourt of Criminal Appeals of Texas · 1906
  2. Casey v. StateCourt of Criminal Appeals of Texas · 1905

3Cited by50 opinions

  1. Rougeau v. StateCourt of Criminal Appeals of Texas · 1987
  2. McDougal v. StateCourt of Criminal Appeals of Texas · 1917
  3. Coffman v. StateCourt of Criminal Appeals of Texas · 1914
  4. Bennett v. StateCourt of Criminal Appeals of Texas · 1969
  5. Cooper v. StateCourt of Criminal Appeals of Texas · 1913

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