Clark v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Comal. Tried below before Hon. H. Teichmuller. Appeal from a conviction for incest; penalty, seven years imprisonment in the penitentiary.
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Appeal from the District Court of Comal. Tried below before Hon. H. Teichmuller. Appeal from a conviction for incest; penalty, seven years imprisonment in the penitentiary. The following statement of the case, which is substantially correct, is taken from the brief of counsel for appellant, viz: The appellant was, on the 25th day of January, 1898, indicted by the grand jury of Comal County, Texas, with what purported to be the crime of rape upon one Mattie Clark, said indictment containing three counts, the first being for rape of female under the age of 15 years; second, rape of a woman by…
1Opinion of the Court
HEHDEBS OH, Judge.
Appellant was convicted of incest, and his punishment assessed at seven years confinement in the penitentiary; hence this appeal.
The indictment contained three counts,—the first for rape on a girl under 15 years of age; the second, rape committed on a woman by force; and the third, a count for incest, the same alleging that the party with whom the incest was committed was the daughter of the appellant. In submitting the case to the jury the court eliminated the first count, and instructed the jury on the second count (rape committed on a woman by force), and on the third…
2Cases cited1 opinion
- Stewart v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by10 opinions
- Pueblo v. LópezSupreme Court of Puerto Rico · 1939
- Gillespie v. StateCourt of Criminal Appeals of Texas · 1906
- Wadkins v. StateCourt of Criminal Appeals of Texas · 1910
- State v. KellarNorth Dakota Supreme Court · 1899
- Currie v. StateSupreme Court of Georgia · 1923
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