Hamilton v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Victoria. Tried below before Hon. S. F. Grimes. This appeal is from a conviction for rape, the punishment being assessed at fifty years’ imprisonment in the penitentiary. The prosecutrix, Dollie Daniels, was an orphan, whose mother had, by will, given her to the defendant, and the Probate Court, of Bell County, had appointed him her guardian. She was about 12 years old when she went to live with defendant and his wife.
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Appeal from the District Court of Victoria. Tried below before Hon. S. F. Grimes. This appeal is from a conviction for rape, the punishment being assessed at fifty years’ imprisonment in the penitentiary. The prosecutrix, Dollie Daniels, was an orphan, whose mother had, by will, given her to the defendant, and the Probate Court, of Bell County, had appointed him her guardian. She was about 12 years old when she went to live with defendant and his wife. She testified, that shortly thereafter, and in Bell County, defendant commenced having carnal intercourse with her. That she consented because…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of rape, and his punishment assessed at fifty years in the penitentiary, and from the judgment and sentence of the lower court he prosecutes this appeal. There are two counts in the indictment. The first count charges a rape upon the person of Dollie Daniels, a female under the age of 15 years; and the second count charges the defendant with a rape upon the said Dollie Daniels by force, threats and fraud. The verdict in the case is general, covering both counts, and the judgment is not applied to either one of the counts, but is also general. On an…
2Cited by41 opinions
- McDougal v. StateCourt of Criminal Appeals of Texas · 1917
- State v. KingSupreme Court of Iowa · 1902
- Smith v. StateCourt of Criminal Appeals of Texas · 1902
- Battles v. StateCourt of Criminal Appeals of Texas · 1910
- Collier v. StateMississippi Supreme Court · 1913
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