Legal Opinion

Clark v. State

Court of Criminal Appeals of Texas

Decided June 9, 1897No. 1165PublishedCited by 23 opinions

Appeal from the District Court of Kaufman. Tried below before Hon. J. E. Dillard. Appeal from a conviction for assault with intent to rape; penalty, two years imprisonment in the penitentiary. This is a companion case to Farmer v. State, 35 Texas Crim. Rep., 270. Mrs.'Jennie Laroe was the alleged injured party.

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Appeal from the District Court of Kaufman. Tried below before Hon. J. E. Dillard. Appeal from a conviction for assault with intent to rape; penalty, two years imprisonment in the penitentiary. This is a companion case to Farmer v. State, 35 Texas Crim. Rep., 270. Mrs.'Jennie Laroe was the alleged injured party. The testimony of this prosecutrix, summarized, is to the effect that she was awakened from a sleep into which she had fallen by loud voices, cursing and hallooing, between 8 and 9 o’clock on the morning alleged in the indictment. Passing into the front room of her house she saw a…

1Opinion of the Court

HEKDERSOH, Judge.

Appellant was convicted of assault with intent to rape, and given two years in the penitentiary, and appeals.

Appellant made a motion for a change of venue on the ground that there existed in Kaufman County so great a prejudice against the defendant that he could not get a fair and impartial trial, and also on the ground that there was a dangerous combination against him in said county, instigated by ..influential persons. This application was contested by the State, and the court heard testimony pro and con in regard thereto, and overruled same. We see no error in this action…

2Cases cited3 opinions

  1. Martin v. StateCourt of Criminal Appeals of Texas · 1896
  2. State v. FletcherOregon Supreme Court · 1893
  3. People v. LevineCalifornia Supreme Court · 1890

3Cited by23 opinions

  1. Cannon v. StateCourt of Criminal Appeals of Texas · 1900
  2. Panhandle & S. F. Ry. Co. v. HaywoodCourt of Appeals of Texas · 1920
  3. Cooper v. StateCourt of Criminal Appeals of Oklahoma · 1937
  4. Ginther v. StateCourt of Criminal Appeals of Texas · 1984
  5. Shepherd v. StateCourt of Criminal Appeals of Oklahoma · 1931

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