Legal Opinion

Cloninger v. State

Court of Criminal Appeals of Texas

Decided December 7, 1921No. 6461PublishedCited by 18 opinions

Appeal from District Court, Denton County; C. R. Pearman, Judge. Barney Cloninger was convicted of rape of a girl under the age of consent, and he appeals.

1Opinion of the CourtLattimore, J.

Appellant was convicted in the district court of Denton county of rape of a female under the age of consent, and his punishment fixed at confinement in the penitentiary for a period of 5 years.

[1] There was no merit in appellant’s motion to quash the indictment. It was not necessary to state the age of the alleged injured female in the indictment with more certainty than that she was at the time under 18 years of age. In the instant case the alleged injured female was 15 years of age.

No error was committed in overruling appellant’s motion for a continuance because of the absence of certain…

2Cases cited13 opinions

  1. People v. ClarkMichigan Supreme Court · 1876
  2. Kenyon v. . the PeopleNew York Court of Appeals · 1863
  3. Carpenter v. PeopleNew York Supreme Court · 1850
  4. Marshall v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  5. Norman v. StateCourt of Criminal Appeals of Texas · 1921

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Jasso v. State, Texas Court of Appeals, 4th District (San Antonio)1985
  2. Simpson v. StateCourt of Criminal Appeals of Texas · 1923
  3. Norman v. StateCourt of Criminal Appeals of Texas · 1922
  4. Henry v. StateCourt of Criminal Appeals of Texas · 1937
  5. Tro v. StateCourt of Criminal Appeals of Texas · 1925

13 more not listed; retrieve them via the Exa API.

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