Sims v. State

DAVIDSON, Judge.

The offense is rape. The punishment is death.

The questions presented for review render unnecessary a statement of facts further than to say that appellant raped the prosecutrix by force, while exhibiting a pistol and threatening her with death. The facts warranted the infliction of the death penalty.

It is insisted that the judgment of conviction is null and void because it was rendered while the trial court was in vacation and not lawfully in session.

The Criminal District Court No. 2 of Harris County, the court in which this case was tried, was created by an act of the…