Rice v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Caldwell. Tried below before Hon. H. Teichmuller. Appeal from a conviction for rape upon a female under the age of fifteen years; penalty, thirty years’ imprisonment in the penitentiary. The indictment is set out in the opinion. Defendant made a motion in arrest of judgment upon the ground, that the indictment was fatally defective in not negativing the fact, that the injured female was the wife of defendant. This motion was overruled.
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Appeal from the District Court of Caldwell. Tried below before Hon. H. Teichmuller. Appeal from a conviction for rape upon a female under the age of fifteen years; penalty, thirty years’ imprisonment in the penitentiary. The indictment is set out in the opinion. Defendant made a motion in arrest of judgment upon the ground, that the indictment was fatally defective in not negativing the fact, that the injured female was the wife of defendant. This motion was overruled. No statement necessary.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of rape, and his punishment assessed at thirty years’ confinement in the penitentiary; hence this appeal. The only question'which will be noticed is that pertaining to the indictment, which, as to the charging part, is as follows, to-wit: “That Henry Rice * * * did then and there unlawfully make an assault in and upon Jennie Bradstreet, a female under the age of fifteen years, and did then and there ravish and have carnal knowledge of said Jennie Bradstreet, against the peace and dignity of the State.”' After conviction, appellant filed a motion in…
2Cases cited4 opinions
- State v. DukeTexas Supreme Court · 1874
- Hewitt v. StateTexas Supreme Court · 1860
- In re SnookNew York Court of Common Pleas · 1859
- State v. ClaytonTexas Supreme Court · 1875
3Cited by31 opinions
- Few v. StateCourt of Criminal Appeals of Texas · 1979
- Baker v. StateCourt of Criminal Appeals of Texas · 1937
- Stuart v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1972
- In Re Petition of KruzelWisconsin Supreme Court · 1975
- In Re Application of LawrenceNew Jersey Superior Court Appellate Division · 1975
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