Legal Opinion · Dissent

Lee v. State

Court of Criminal Appeals of Texas

Decided December 17, 1902No. 2647Published

Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. Appeal from a conviction of rape; penalty, twenty years imprisonment in the penitentiary. All the essential facts can be fully seen from the two opinions below, and no other statement is required.

1Dissent

DAVIDSON", Presiding Judge

(Dissenting). I desire to give some reasons why I can not concur with my brethren in some of the conclusions set forth in their opinion.

I concur in the reversal, for the reasons assigned in sustaining bill of exceptions number 2. I dissent from refusal to reverse the judgment on the matter set up in bill of exceptions number 1. The same reasons apply for admitting the testimony in this bill as to that admitted in bill number 2. I am unable to perceive the relevancy of appellant’s subsequent marriage to Ella Lee to the rape of Rosa Parrish. The court says: “The rape…

2Cases cited24 opinions

  1. Miles v. United StatesSupreme Court of the United States · 1881
  2. Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
  3. Cartwright v. McGownIllinois Supreme Court · 1887
  4. Hulett v. CareySupreme Court of Minnesota · 1896
  5. O'Gara v. . EisenlohrNew York Court of Appeals · 1868

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