Herbert v. State
Court of Criminal Appeals of Texas
The following statement taken from the brief of the State’s counsel is substantially correct: “The State’s testimony shows that on May 11, 1905, prosecutrix, aged 10 years, was going to market, and while passing the repair shop of appellant was called by him, and went in to see what he wanted, and when she got to the door he grabbed her, and carried her inside the shop, shut the door, put her on a bed, and made an attempt to penetrate her person.
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The following statement taken from the brief of the State’s counsel is substantially correct: “The State’s testimony shows that on May 11, 1905, prosecutrix, aged 10 years, was going to market, and while passing the repair shop of appellant was called by him, and went in to see what he wanted, and when she got to the door he grabbed her, and carried her inside the shop, shut the door, put her on a bed, and made an attempt to penetrate her person. When he caught hold of her, she hollered and he put his hand over her mouth. She told him to get off of her and leave her alone, and when she…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of an assault with intent to rape, and his punishment assessed at two years confinement in the penitentiary; hence this appeal. The indictment properly charged an assault on a female under the age of 15 years, by the use of force. See the subject discussed in Croomes v. State, 40 Texas Crim. Rep., 672, particularly on motion for rehearing.
There was no necessity for the court to charge on alibi. As we understand the testimonjq appellant admitted his presence with the girl alleged to have been raped. It does not occur to us that the court was required to…
2Cases cited1 opinion
- Croomes v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by7 opinions
- McBrayer v. StateCourt of Criminal Appeals of Texas · 1974
- Conger v. StateCourt of Criminal Appeals of Texas · 1911
- Torres v. StateCourt of Criminal Appeals of Texas · 1973
- Everett v. StateCourt of Criminal Appeals of Texas · 1917
- Reese v. StateCourt of Criminal Appeals of Texas · 1918
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