Mitchell v. State
Court of Criminal Appeals of Texas
Appeal'from the District Court of Falls. Tried below béfore Hon. S.B. Scott. This appeal is from a conviction for burglary with intent to commit rape, the penalty being assessed at five years’ imprisonment in the penitentiary. This is the second appeal in this case. See Mitchell v. The State, 32 Texas Crim. Bep., 479. The case is sufficiently stated in the opinion. No briefs have come to the hands of the Beporter.
1Opinion of the Court
HUBT, PRESIDING Judge.
On the evening before the night of the supposed burglary, defendant, at Perry, a village in Falls County, situated not far from the place of the supposed crime, stated to Mr. Be-heverger that he was going that night to see a German girl. Miss Néwman is a German girl, and states that sometime during the night, after she had gone to bed, “I felt some one catch hold of my foot. It aroused me, and I touched Miss Yogus and told her that there was somebody in the room. She raised up and struck a match, and I saw defendant crouched at the foot of the bed. He then raised up and…
2Cited by26 opinions
- Clewis v. StateCourt of Criminal Appeals of Texas · 1996
- Bigby v. StateCourt of Criminal Appeals of Texas · 1994
- Greer v. StateCourt of Criminal Appeals of Texas · 1969
- State v. WorthenSupreme Court of Iowa · 1900
- Villareal v. StateCourt of Criminal Appeals of Texas · 1940
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