Legal Opinion

Franklin v. State

Court of Criminal Appeals of Texas

Decided March 6, 1895No. 626PublishedCited by 24 opinions

This appeal is from a conviction for an attempt to commit rape, wherein the punishment was assessed at two years’ imprisonment in the penitentiary.

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This appeal is from a conviction for an attempt to commit rape, wherein the punishment was assessed at two years’ imprisonment in the penitentiary. Omitting the formal commencement, the indictment is as follows : “That Aldridge Franklin, on or about the 8th day of October, one thousand eight hundred and ninety-three, and anterior to the presentment of this indictment, in the county of Collin, State of Texas, did then and there unlawfully, in and upon D. M. Pennington, a woman, make an assault with the intent then and there to commit the offense of rape upon the said D. M. Pennington, by then…

1Opinion of the Court

HENDERSON, Judge.

The appellant was tried and convicted in the District Court of Collin County, at the October Term, 1894, of the offense of attempt to rape by fraud, with his punishment assessed at confinement in the penitentiary for a term of two years, and from the judgment and sentence in the case he prosecutes this appeal.

The appellant made a motion to quash the indictment below, which was overruled by the court, and he assigns this as error. The indictment was in three counts, but the conviction being under the last, it is only necessary to quote that, which is as follows: “And the grand…

2Cases cited1 opinion

  1. Lovett v. StateTexas Supreme Court · 1857

3Cited by24 opinions

  1. Giles v. StateCourt of Criminal Appeals of Texas · 1912
  2. Trinkle v. StateCourt of Criminal Appeals of Texas · 1910
  3. Nielson v. StateCourt of Criminal Appeals of Texas · 1969
  4. Fifer v. StateCourt of Criminal Appeals of Texas · 1911
  5. Raleigh v. StateCourt of Criminal Appeals of Texas · 1914

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