Byas v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before Hon. J. W. Patterson, Judge Forty-third Judicial District, on exchange with Hon. Irby Dunklin.
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Appeal from the District Court of Tarrant. Tried below before Hon. J. W. Patterson, Judge Forty-third Judicial District, on exchange with Hon. Irby Dunklin. Appeal from a conviction of attempt to commit burglary with intent to rape; penalty, two years imprisonment in the penitentiary. ■ The indictment in this case charged appellant, in two counts, first, with burglary with intent to commit rape upon Ella Garrett; and second, for attempt to commit burglary with intent to commit rape upon Ella Garrett. The second count was alone submitted, and the conviction was had upon that count. Defendant…
1Opinion of the Court
HEHDERSON", Judge.
Appellant was convicted of an attempt to-commit burglary, and his punishment assessed at two years confinement, in the penitentiary.
Appellant excepted to the action of the court in striking out his-plea of former acquittal. He was indicted in this case for an attempt, to commit burglary. The plea of former acquittal set up an indictment, in two counts,—the first charging him with an assault with intent to rape, and the second charging him with an attempt to commit rape. The plea alleged that it was one and the same transaction for which appellant was then being tried. On…
2Cases cited1 opinion
- G. W. and E. Wright v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by10 opinions
- State v. ModeWashington Supreme Court · 1961
- Jones v. StateCourt of Criminal Appeals of Texas · 1974
- State v. GreenSupreme Court of North Carolina · 1966
- State v. JacobsonSupreme Court of Iowa · 1924
- Underwood v. StateCourt of Criminal Appeals of Texas · 1908
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