Legal Opinion

Shockley v. State

Court of Criminal Appeals of Texas

Decided October 22, 1913No. 2499PublishedCited by 3 opinions

The State’s evidence showed that defendant poured chloroform on the bed of prosecutrix in' the night-time while she was asleep with another girl; that she was awakened by the smell; screamed, and defendant ran out of her room. Defendant introduced evidence to show that he was just attempting to scare the girls. This was his explanation, and several witnesses testified that it was one of his pastimes to scare and frighten members of his family.

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The State’s evidence showed that defendant poured chloroform on the bed of prosecutrix in' the night-time while she was asleep with another girl; that she was awakened by the smell; screamed, and defendant ran out of her room. Defendant introduced evidence to show that he was just attempting to scare the girls. This was his explanation, and several witnesses testified that it was one of his pastimes to scare and frighten members of his family. He also contended that he did not know upon which one of the girls the chloroform was poured, nor did he know upon just what part of the bed it was…

1Opinion of the Court

PRENDERGAST, Presiding Judge.

Appellant was convicted of an attempt to rape and his punishment fixed at two years in the penitentiary.

The indictment is in two counts. The first, after the necessary preliminary allegations, is that appellant “in and upon Estelle Shockley,' a woman, did make an assault with the intent then and there, by force, threats and fraud, and without the consent of the said Estelle Shockley, to commit rape in and upon her, the said^ Estelle Shockley, by then and there attempting by force, threat and fraud to rape, ravish, and have carnal knowledge of the said Estelle…

2Cases cited1 opinion

  1. Fowler v. StateCourt of Criminal Appeals of Texas · 1912

3Cited by3 opinions

  1. Nielson v. StateCourt of Criminal Appeals of Texas · 1969
  2. Hensley v. StateCourt of Criminal Appeals of Texas · 1919
  3. Teel, Jr. v. StateCourt of Criminal Appeals of Texas · 1934

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