Davis v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before the Hon. Robt. B. Seay. Appeal from a conviction of assault to rape; penalty, ten years imprisonment in the penitentiary. The State’s testimony showed that while prosecutrix was returning to her home by herself late in the evening, the defendant made an assault upon her and attempted by force to have sexual intercourse with her, and that she resisted and finally escaped from him.
1Opinion of the Court
PRENDERGAST, Judge.
Prom a conviction of an assault with intent to rape, with a penalty fixed at ten years in the penitentiary, the appellant appeals.
The evidence is clearly sufficient to justify the verdict. Appellant’s defense was alibi, which was correctly submitted by the court and found against him.
By one bill it is shown that appellant made an oral motion for a continuance. It is set out in the record. It is on two grounds: First, because his attorney was temporarrily out of the State, or city, and made no arrangement for the case, believing that he would return in time to try it.…
2Cases cited1 opinion
- Usher v. StateCourt of Criminal Appeals of Texas · 1904
3Cited by10 opinions
- Young v. StateCourt of Criminal Appeals of Texas · 1921
- Parham v. StateCourt of Criminal Appeals of Texas · 1920
- O'Mary v. StateCourt of Criminal Appeals of Texas · 1930
- Coy v. StateCourt of Criminal Appeals of Texas · 1938
- Williams v. StateCourt of Criminal Appeals of Texas · 1925
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