Stewart v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. This appeal is from a conviction for incest, the punishment being assessed at five years’ imprisonment in the penitentiary. The alleged incest was charged to have been committed with Mamie Tannehill, the daughter of defendant’s wife by a former marriage. Appellant had been previously prosecuted for rape upon the said Mamie Tannehill, and acquitted.
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Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. This appeal is from a conviction for incest, the punishment being assessed at five years’ imprisonment in the penitentiary. The alleged incest was charged to have been committed with Mamie Tannehill, the daughter of defendant’s wife by a former marriage. Appellant had been previously prosecuted for rape upon the said Mamie Tannehill, and acquitted. The commission of the two offenses, in the two cases, was alleged as of the same date in each indictment, viz: “On, or about the loth of December, 1894.” In answer to…
1Opinion of the Court
HENDERSON, Judge.
Appellant in this case was tried in the court below on a charge of incest, was convicted, and his punishment assessed at five years’ confinement in the penitentiary, and from the judgment and sentence of the lower court he prosecutes this appeal. The appellant in this case filed a plea of former jeopardy. Said plea set up an indictment for rape by the appellant on the person of the prosecutrix in this case, and a verdict and judgment of acquittal in said cause. Appellant alleged that they were one and the same transaction, and set the same up in bar of this prosecution. On…
2Cited by7 opinions
- State v. MooreSupreme Court of Kansas · 1987
- People v. McCollumCalifornia Court of Appeal · 1931
- Clark v. StateCourt of Criminal Appeals of Texas · 1898
- State Ex Rel. Lawrence v. BurkeWisconsin Supreme Court · 1948
- Coburn v. StateCourt of Criminal Appeals of Texas · 1896
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