Massey v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Grayson. Tried below before Hon. P. B. Muse. Appellant was tried in the court' below, and was convicted of rape, alleged in the indictment to have been committed by him upon one-Elizabeth Smith, on the 29th of February, 1892. Douglas Lamb testified: That on the day of and before the commission of the alleged offense, he saw defendant and another negro in, a wagon, driving rapidly from in the direction of Denison; that they stopped, and he…
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Appeal from the District Court of Grayson. Tried below before Hon. P. B. Muse. Appellant was tried in the court' below, and was convicted of rape, alleged in the indictment to have been committed by him upon one-Elizabeth Smith, on the 29th of February, 1892. Douglas Lamb testified: That on the day of and before the commission of the alleged offense, he saw defendant and another negro in, a wagon, driving rapidly from in the direction of Denison; that they stopped, and he went up to see who it was. They had a jug of whisky, and while they were drinking Mr. Smith drove up and drank with them.…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of rape, and his punishment assessed at death, from which judgment he appeals.
Appellant alleges in his motion for a new trial the following errors:
1. The verdict of the jury is contrary to the evidence in this, that the evidence fails to show beyond a reasonable doubt, or to show at all, the fact of penetration.
2. The error of the court in admitting the evidence of Douglas Lamb as to remarks made by defendant on the day before the offense is alleged to have been committed, to the effect that he intended “to have some skin that night if he had to…
2Cases cited1 opinion
- Calvin v. StateTexas Supreme Court · 1860
3Cited by28 opinions
- Frank v. MangumSupreme Court of the United States · 1915
- Delrio v. StateCourt of Criminal Appeals of Texas · 1992
- Williams v. StateCourt of Criminal Appeals of Texas · 1943
- Christian v. StateCourt of Criminal Appeals of Texas · 1913
- Green v. StateCourt of Criminal Appeals of Texas · 1908
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