Payne v. State
Court of Criminal Appeals of Texas
Appeal .from the District Court of Eastland, on a change of venue from Callahan County. Tried below before Hon. FT. B. Lindsey. Appeal from a conviction for rape; penalty, five years imprisonment in the penitentiary. This is a second appeal. The former conviction was reversed for defect in the indictment and the insufficiency of the evidence to sustain a charge of rape by-fraud. Payne v. State, 38 Texas Crim.
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Appeal .from the District Court of Eastland, on a change of venue from Callahan County. Tried below before Hon. FT. B. Lindsey. Appeal from a conviction for rape; penalty, five years imprisonment in the penitentiary. This is a second appeal. The former conviction was reversed for defect in the indictment and the insufficiency of the evidence to sustain a charge of rape by-fraud. Payne v. State, 38 Texas Crim. Rep., 494. The opinion fully states the case as presented on this appeal, and no further statement is necessary.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of rape, and his punishment assessed at imprisonment in the penitentiary for five years, and he prosecutes this appeal.
This case was before us at a former term of this court, on appeal from Callahan County. See Payne v. State, 38 Texas Crim. Rep., 494. The conviction in that case was for rape by fraud. The case was reversed because of a defect in the indictment, and because, in the opinion of the court, the evidence did not sustain the conviction for rape by fraud. A new indictment was found, alleging rape by force. The venue was transferred to…
2Cases cited3 opinions
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- Payne v. StateCourt of Criminal Appeals of Texas · 1897
- Walter v. PeopleNew York Supreme Court · 1867
3Cited by10 opinions
- State v. MoormanSupreme Court of North Carolina · 1987
- Gore v. StateSupreme Court of Georgia · 1904
- Rahke v. StateIndiana Supreme Court · 1907
- Brown v. StateSupreme Court of Georgia · 1912
- In Re the Habeas Corpus of ChildersCourt of Criminal Appeals of Oklahoma · 1957
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