Legal Opinion

Serio v. State

Court of Appeals of Texas

Decided January 8, 1887No. 2077PublishedCited by 7 opinions

Appeal from the District Court of Cameron. Tried below before the Hon. J. C. Russell. The conviction in this case was for the rape of Concepcion, alias “ Chona” Olivera, in Cameron county, Texas, on the tenth day of August, 1886. The death penalty was assessed against the appellant. The prosecutrix, Concepcion Olivera, was the first witness introduced by the State.

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Appeal from the District Court of Cameron. Tried below before the Hon. J. C. Russell. The conviction in this case was for the rape of Concepcion, alias “ Chona” Olivera, in Cameron county, Texas, on the tenth day of August, 1886. The death penalty was assessed against the appellant. The prosecutrix, Concepcion Olivera, was the first witness introduced by the State. She testified that her name was Concepcion Olivera, but was generally called “Chona,” which was a common pet or nick name for Concepcion. She was the daughter of Estefana Olivera, who was the wife of the defendant, who was…

1Opinion of the Court

Hurt, Judge.

This is a conviction for rape, with the death penalty assessed. The indictment contains two counts:

I. " That defendant had carnal knowledge of a female under the age of ten years.

II. That the said Genaro Serio did feloniously and unlawfully make an assault in and upon said Concepcion,'alias “Chona,” Olivera, and did then and there, by means of said assault, and by force, threats and fraud, and without the consent of the said Concepcion Olivera, alias “Chona” Olivera, then and there rape and ravish, and have carnal knowledge of, the said Concepcion Olivera, alias “Chona” Olivera,…

2Cited by7 opinions

  1. Gooden v. StateCourt of Criminal Appeals of Texas · 1940
  2. Zamora v. StateCourt of Criminal Appeals of Texas · 1969
  3. Lewis v. StateCourt of Criminal Appeals of Texas · 1950
  4. May v. StateCourt of Criminal Appeals of Texas · 1962
  5. Fite v. StateCourt of Criminal Appeals of Texas · 1940

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