Marthall v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Erath. Tried below before Hon. J. S. Stbaughan. Appellant was indicted for an assault with intent to commit rape upon one Alice Smith, and at his trial was convicted of that offense, his punishment being assessed at four years’ imprisonment in the penitentiary. The case is fully shown by the testimony of the prosecutrix, which is as follows: Alice Smith testified: “ My name is Alice Smith. I am wife of W. A. Smith.
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Appeal from the District Court of Erath. Tried below before Hon. J. S. Stbaughan. Appellant was indicted for an assault with intent to commit rape upon one Alice Smith, and at his trial was convicted of that offense, his punishment being assessed at four years’ imprisonment in the penitentiary. The case is fully shown by the testimony of the prosecutrix, which is as follows: Alice Smith testified: “ My name is Alice Smith. I am wife of W. A. Smith. I live in Stephenville, Erath County, Texas. So lived August 9, 1893. On said last named date I left my house between 1 o’clock and 2 o’clock p.…
1Opinion of the Court
DAVIDSOH, Judge.
This conviction was for assault with intent to rape. About 1 o’ clock in the evening, while en route to a neighbor’s, the prosecutrix was passing a bluff of the creek,- when appellant suddenly approached her, with his person exposed. She ran a short distance, turned, and sought to return home, when appellant stepped in front of, and said to her, “Ho you don’t.” They were four steps apart. She then pursued her journey in the direction of and to her neighbor’s residence. Appellant followed slowly until she approached some timbers. As she reached the timber she ran, and was…
2Cases cited3 opinions
- State v. DonovanSupreme Court of Iowa · 1883
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1894
- Steinke. v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by8 opinions
- Vietnamese Fishermen's Ass'n v. Knights of the Ku Klux KlanDistrict Court, S.D. Texas · 1981
- Cotton v. StateCourt of Criminal Appeals of Texas · 1907
- State v. DuckettNew Mexico Supreme Court · 1918
- Collins v. StateCourt of Criminal Appeals of Texas · 1908
- McCravy v. StateCourt of Criminal Appeals of Texas · 1982
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