Cole v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. The indictment contained two counts; one for rape upon a female under the age of 12 years, and one for assault with intent to commit rape upon a female under the age of 12 years.
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Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. The indictment contained two counts; one for rape upon a female under the age of 12 years, and one for assault with intent to commit rape upon a female under the age of 12 years. At the trial the prosecution was had upon the second account, for assault with intent to commit rape, and appellant being convicted of that offense, his punishment was assessed at a term of two years in the penitentiary. The evidence being directly conflicting, we deem it only necessary to give the testimony of the prosecutrix and that…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of assaulting a child under 12 years of age, with intent to ravish her, and his punishment assessed at two years confinement in the penitentiary.
1. A reversal of the judgment is urged, because the verdict failed to state the finding of the jury as to the age of defendant, and because the evidence is insufficient to support the conviction.
With reference to the first contention, we think the verdict sufficient; that it is not necessary the jux-y should state the age of the defendant in their verdict. The Act of 1889, page 97, section 12, provides, that…
2Cited by10 opinions
- Lee v. StateCourt of Criminal Appeals of Texas · 1977
- Koll v. StateCourt of Criminal Appeals of Texas · 1941
- Prince v. StateCourt of Criminal Appeals of Texas · 1952
- Adcock v. StateCourt of Criminal Appeals of Texas · 1943
- Fisher v. StateSupreme Court of Arkansas · 1943
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