Ellis v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Frio. Tried below before Hon. M. T. Lowe. Appellant was indicted in Zavalla County for tbe rape of one Dolores Mata. By agreement of parties the venue was changed to Frio County, because, on account of sparseness of population, a jury could not be obtained in Zavalla to try tbe case. At bis trial in Frio County be was convicted, bis punishment being assessed at five years’ imprisonment in tbe penitentiary.
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Appeal from the District Court of Frio. Tried below before Hon. M. T. Lowe. Appellant was indicted in Zavalla County for tbe rape of one Dolores Mata. By agreement of parties the venue was changed to Frio County, because, on account of sparseness of population, a jury could not be obtained in Zavalla to try tbe case. At bis trial in Frio County be was convicted, bis punishment being assessed at five years’ imprisonment in tbe penitentiary. In view of tbe disposition made of tbe appeal, a statement of tbe case becomes unnecessary.
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of rape, and bis punishment was assessed at five years. In bis motion for a new trial appellant says, that after tbe jury had retired to consider of their verdict they received other testimony from one "W. T. Cude, a juror, which operated injuriously to appellant’s rights.
It appears by tbe voluntary affidavit of said Cude, that on tbe first ballot tbe jury stood ten for acquittal and two for conviction. That after discussing the character of defendant tbe jury stood six and six. That thereupon be (tbe juror) asked whether it would be right to state what…
2Cited by1 opinion
- Darter v. StateCourt of Criminal Appeals of Texas · 1898