Lewallen v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hill. Tried below before Hon. A. P. McKiNNON, Special Judge. This appeal is from a conviction for assault with intent to rape, the punishment assessed being two years’ imprisonment in the penitentiary.
Read the full summary
Appeal from the District Court of Hill. Tried below before Hon. A. P. McKiNNON, Special Judge. This appeal is from a conviction for assault with intent to rape, the punishment assessed being two years’ imprisonment in the penitentiary. The assaulted party was Mrs. J. C. Harris, and she and her husband both testified to defendant’s assault, accompanied by his declarations of intention to have intercourse with the woman; that when the husband interfered defendant tried to cut him with a knife; that Harris ran to the church, a short distance, for assistance, and returned with the preacher and…
1Opinion of the Court
DAVIDSON, Judge.
Conviction was had for assault with intent to commit the crime of rape, under an indictment charging that offense. The State proved flight on the part of appellant as a circumstance against him. Explanatory of this occurrence he offered to prove by his father, that “shortly after the alleged commission of the offense, and before the flight of the defendant,” he informed “defendant that a mob was being formed to hang him if he was caught, and this was the reason the witness advised him to flee;” and witness further “told defendant, that if he wanted to save himself from the mob…
2Cited by10 opinions
- Hines v. CommonwealthSupreme Court of Virginia · 1923
- State v. DesmondSupreme Court of Iowa · 1899
- Spannell v. StateCourt of Criminal Appeals of Texas · 1918
- State v. . HairstonSupreme Court of North Carolina · 1921
- Graham v. StateCourt of Criminal Appeals of Texas · 1933
5 more not listed; retrieve them via the Exa API.