Legal Opinion

Goss v. State

Texas Supreme Court

Decided July 1, 1874PublishedCited by 10 opinions

Appeal from Titus. Tried below before the Hon. James H. Rogers. Ben Gloss was indicted, tried and convicted for an assault with intent to commit rape, and punishment fixed at two years confinement in the penitentiary. The facts sufficiently appear in the opinion of the court.

1Opinion of the Court

Reeves, Associate Justice.

It appears from one of the bills of exception taken by appellant, that on the twenty - first day of March, 1874, this cause was submitted to the jury under the charge of the court, and that two days thereafter the Jury returned and made *521known to the court that they could not agree on a verdict, stating that they did not disagree as to any matter of law.

As shown by the bill of exception, the court on its own motion and without the consent of counsel for defendant, withdrew from the jury and revoked one of the charges given at the request of the defendant on the…

2Cited by10 opinions

  1. Reeves v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  2. Roberts v. StateIndiana Supreme Court · 1887
  3. Charles v. StateCourt of Criminal Appeals of Texas · 1917
  4. Benavides v. StateCourt of Criminal Appeals of Texas · 1892
  5. Barton v. StateCourt of Criminal Appeals of Texas · 1908

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