Smith v. State

The appellant was indicted on January 17, 1910, for rape upon a girl under 15 years of age alleged to have occurred on April 25, 1909, was tried June 14, 1910, convicted, and his punishment fixed at 10 years in the penitentiary.

[1] The appellant made a motion to quash the indictment because the same was returned at a time and at a term of the court not provided for by law. By the act of February 3, 1909, the time of holding district court in the Thirty-Second district in Mitchell county was fixed to be on the fifteenth Monday after the first Monday in February and September, and may continue…