Moore v. State
Court of Appeals of Texas
Appeal from the District Court of San Saba. Tried below before the Hon. A. W. Moursund. The opinion sets out the charging part of the indictment under which the appellant was convicted of an assault with intent to rape Willie Ogle, a female, in San Saba county, Texas, on the 10th day of April, 1885, and for which he was awarded a term of two years in the penitentiary.
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Appeal from the District Court of San Saba. Tried below before the Hon. A. W. Moursund. The opinion sets out the charging part of the indictment under which the appellant was convicted of an assault with intent to rape Willie Ogle, a female, in San Saba county, Texas, on the 10th day of April, 1885, and for which he was awarded a term of two years in the penitentiary. Willie Ogle, the first witness for the State, testified that she was eight years old, and lived on Cherokee creek in San Saba county, with her mother, who married the defendant, witness’s father being dead. Defendant and witness…
1Opinion of the Court
White, Presiding Judge.
Appellant was convicted of an attempt to commit a rape. The countin the indictment charging the offense of which he was convicted, omitting the formal parts, charged that defendant “did then and there wilfully, purposely and feloniously make an assault in and upon the person of Willie Ogle, a female, and did then and there by force attempt to ravish and carnally know her, the said Willie Ogle, without her consent and against her wish,” etc.
One would naturally conclude that the female thus alleged to have been assaulted was over ten years; because the age is not stated…
2Cases cited2 opinions
- Bender v. CrawfordTexas Supreme Court · 1871
- State v. GaulSupreme Court of Connecticut · 1883