Wilcox v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Guadalupe. Tried below before Hon. J. B. Dibkell, Special Judge. This appeal is from a conviction for rape, the punishment being assessed at death. This is the second appeal in this case from a like conviction, with a like penalty. Wilcox v. The State, 32 Texas Crim. Bep., 284. Under instructions of the court, the evidence on the former appeal was reported in full.
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Appeal from tbe District Court of Guadalupe. Tried below before Hon. J. B. Dibkell, Special Judge. This appeal is from a conviction for rape, the punishment being assessed at death. This is the second appeal in this case from a like conviction, with a like penalty. Wilcox v. The State, 32 Texas Crim. Bep., 284. Under instructions of the court, the evidence on the former appeal was reported in full. Such additional facts as appeared upon the second trial below are fully and sufficiently stated in the opinion. [Their brief is not found with the record. — Bepobteb,.] 1. In regard to the jury…
1Opinion of the Court
SIMKINS, Judge.
Appellant, a negro, was convicted of rape upon Mrs. Hereschop, a white womau, and his punishment fixed at death. This is a second conviction with the same penalty, the judgment having been reversed for insufficiency of testimony as to age. 32 Texas Crim. Rep., 284.
The only defense in the case was the nonage of defendant. It was shown by his witnesses, to wit, Sallie Murphy, Dan Murphy, George Wilcox, and his mother, Bell Wilcox, that appellant was given by his mother to Sallie Murphy in 1882, and he then appeared to be 5 or 6 years old. The crime was committed in August, 1892,…
2Cases cited1 opinion
- Wilcox v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by4 opinions
- Squyres v. StateCourt of Criminal Appeals of Texas · 1922
- Flores v. StateCourt of Criminal Appeals of Texas · 1921
- Northern v. StateCourt of Criminal Appeals of Texas · 1948
- Williams v. StateCourt of Criminal Appeals of Texas · 1915