Harris v. State
Court of Criminal Appeals of Texas
Two indictments were presented in the case. A copy of the first had been duly served upon defendant, but it was dismissed by the prosecution because fatally defective. Defendant had never been served with a copy of the second. He announced ready for trial, not knowing that the first indictment had been dismissed and that he was to be tried on a new one.
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Two indictments were presented in the case. A copy of the first had been duly served upon defendant, but it was dismissed by the prosecution because fatally defective. Defendant had never been served with a copy of the second. He announced ready for trial, not knowing that the first indictment had been dismissed and that he was to be tried on a new one. When he ascertained that fact from the reading of the indictment, he immediately objected to going to trial thereupon, because he had not been served with a copy, and demanded his right to be served with a copy of the same. This was refused bj…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of robbery. The evidence in regard to the rape of Jennie McGrew was properly admitted. It was a part and parcel of the same transaction, and committed in connection with the robbery. Defendant forced th'e woman Clara Huston to deliver to him her money, and at the same time and place compelled the woman' McGrew to submit to his desires, because she had no money to give him, using his pistol in both instances to enforce his demands. The two women were together when attacked by defendant.
2. The grand jury returned a bill of indictment, number 7427, against…
2Cited by3 opinions
- Johnson v. StateCourt of Criminal Appeals of Texas · 1978
- Tipton v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Gonzales v. StateCourt of Criminal Appeals of Texas · 1959