Burden v. State
Court of Criminal Appeals of Texas
’Appeal from the Criminal District Court of Dallas No. 2. Tried below before the Hon. Barry Miller. Appeal from a conviction of rape; penalty, ten years imprisonment in the penitentiary. The opinion states the case.
1Opinion of the Court
Appellant was indicted, charged with rape, and he was convicted of that offense. The penalty for this offense as provided by our code is death, or by confinement in the penitentiary for life, or for a term of years not less than five.
Article 558 of the Code of Criminal Procedure provides that in all capital felonies, if the accused is too poor to employ counsel, the court shall appoint one or more attorneys to defend him. This statute has been held to be mandatory. (Pennington v. State, 13 Texas Crim. App., 44; Brown v. State, 52 Tex.Crim. Rep..) The court, as shown by the record before us,…
2Cited by15 opinions
- Ex Parte MeadowsCourt of Criminal Appeals of Texas · 1967
- Herrera v. StateCourt of Criminal Appeals of Texas · 1915
- Gonzales v. StateCourt of Criminal Appeals of Texas · 1915
- Cummings v. StateCourt of Criminal Appeals of Texas · 1926
- Kellum v. StateCourt of Criminal Appeals of Texas · 1918
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