Legal Opinion · Concurrence

Hollingsworth v. State

Court of Criminal Appeals of Texas

Decided December 16, 1915No. 3614Published

Appeal from the District Court of Coryell. Tried below before the Hon. J. H. Arnold.. Appeal from a conviction of incest; penalty, ten years imprisonment in the penitentiary. The opinion states the case. On question of continuance: Gilerease v. State, 33 Texas Crim. Bep., 619; Branch’s Crim. Law, see. 267. On question of court’s charge on letter: Bice v. State, 49 Texas Crim.

Read the full summary

Appeal from the District Court of Coryell. Tried below before the Hon. J. H. Arnold.. Appeal from a conviction of incest; penalty, ten years imprisonment in the penitentiary. The opinion states the case. On question of continuance: Gilerease v. State, 33 Texas Crim. Bep., 619; Branch’s Crim. Law, see. 267. On question of court’s charge on letter: Bice v. State, 49 Texas Crim. Bep., 669. On the trial the State was permitted to introduce in evidence a letter from Cassie Dunn to appellant, written many months after the alleged commission of the offense with which appellant stands charged. There…

1Concurrence

Reviewing the record in the light of the motion for rehearing, I am concurring with Judge Harper in reversing the judgment. I do not purpose to enter into a lengthy discussion of the facts; they are sufficiently set out in the opinion written by our Presiding Judge and Judge Harper. The letter, under discussion in those opinions, in my judgment, was not admissible either as original or impeaching evidence. The State was fully aware of the fact when they placed Cassie Dunn on the stand as a witness that she would not testify that appellant had intercourse with her, or was the father of her…

2Cases cited5 opinions

  1. Blake v. StateCourt of Criminal Appeals of Texas · 1897
  2. Perrett v. StateCourt of Criminal Appeals of Texas · 1914
  3. Hanna v. StateCourt of Criminal Appeals of Texas · 1904
  4. Goss v. StateCourt of Criminal Appeals of Texas · 1909
  5. Scott v. StateCourt of Criminal Appeals of Texas · 1907

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API