Legal Opinion

Henderson v. State

Court of Criminal Appeals of Texas

Decided March 14, 1906No. 3585PublishedCited by 4 opinions

Appeal from the District Court of Grayson. Tried below before Hon. B. L. Jones. Appeal from a conviction for assault with intent to rape; penalty, thirty years imprisonment in the penitentiary. The testimony showed that the prosecutrix is the daughter of "defendant and was under 15 years of age at the time the assault was made upon her.

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Appeal from the District Court of Grayson. Tried below before Hon. B. L. Jones. Appeal from a conviction for assault with intent to rape; penalty, thirty years imprisonment in the penitentiary. The testimony showed that the prosecutrix is the daughter of "defendant and was under 15 years of age at the time the assault was made upon her. Her testimony was given very unwillingly and it was not clear that penetration occurred before she reached the age of 15. She, however, testified to several attempts made by the defendant to have carnal intercourse with her before she was of the age of 15. Her…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of assault with intent to rape, and his punishment fixed at thirty years confinement in the penitentiary.

Appellant reserved a bill of exceptions to the action of the court permitting non-experts to testify to the sanity of appellant, without giving the facts and circumstances upon which they predicate their opinion as to the sanity of the appellant. The bill presenting this matter is long and voluminous. A careful perusal of it shows that the county attorney was permitted to prove that witnesses had known appellant for some time, and that in their…

2Cases cited2 opinions

  1. Williams v. StateCourt of Criminal Appeals of Texas · 1897
  2. Betts v. StateCourt of Criminal Appeals of Texas · 1905

3Cited by4 opinions

  1. Randolph v. StateCourt of Criminal Appeals of Texas · 1931
  2. Jordan v. StateCourt of Criminal Appeals of Texas · 1911
  3. Bartlett v. StateCourt of Criminal Appeals of Texas · 1931
  4. Couch v. StateCourt of Criminal Appeals of Texas · 1938

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