Russell v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Gillespie. Tried below before Hon. W. M. AllisoN. Appellant was indicted for tbe rape of Mary Washington, a female under tbe age of 12 years. His trial resulted in bis conviction, witb tbe punishment assessed at imprisonment for a term of ninety-nine years in tbe State penitentiary.
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Appeal from tbe District Court of Gillespie. Tried below before Hon. W. M. AllisoN. Appellant was indicted for tbe rape of Mary Washington, a female under tbe age of 12 years. His trial resulted in bis conviction, witb tbe punishment assessed at imprisonment for a term of ninety-nine years in tbe State penitentiary. Tbe following is tbe testimony in full of Mary Washington, tbe pros-ecutrix, who testified for the State: “I know tbe defendant, Alonzo Bussell. [Points him out to the jury.] I knew him on the 12th day of August, 1893. On that day my mother sent me to my sister’s (Mrs. Thompson’s)…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was charged with and convicted of rape upon a girl under the age of 12 years, his punishment being assessed at ninety-nine years in the penitentiary. His application for a continuance having been overruled, he made this ruling a ground of his motion for a new trial.
By Henry Washington he expected to prove that he “was in the vicinity of the spot where it is alleged the offense was committed, and heard no hallooing or call for assistance.” The girl testified to the fact she made outcry. The statement of the proof expected to be made by the absent witness is too.…
2Cited by6 opinions
- Scott v. StateCourt of Criminal Appeals of Texas · 1913
- Davis v. StateSupreme Court of Arkansas · 1910
- Thomas v. StateCourt of Criminal Appeals of Texas · 1916
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1940
- Watson v. StateCourt of Criminal Appeals of Texas · 1917
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