Legal Opinion

Ulmer v. State

Court of Criminal Appeals of Texas

Decided November 5, 1913No. 2722PublishedCited by 9 opinions

Appeal from the District Court of Hunt. Tried below before the Hon. Wm. Pierson. Appeal from a conviction of rape; penalty, five years imprisonment in the penitentiary. The testimony showed for the State that prosecutrix was the daughter ’ of the defendant and about nine years old; that defendant forcibly had sexual intercourse with her on different occasions, one of which was in the storm house, etc.

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Appeal from the District Court of Hunt. Tried below before the Hon. Wm. Pierson. Appeal from a conviction of rape; penalty, five years imprisonment in the penitentiary. The testimony showed for the State that prosecutrix was the daughter ’ of the defendant and about nine years old; that defendant forcibly had sexual intercourse with her on different occasions, one of which was in the storm house, etc. The defendant denied ever having had any improper relations with prosecutrix.

1Opinion of the Court

HARPER, Judge.

Appellant was prosecuted and convicted of rape on his daughter, Lucile Ulmer, a girl under fifteen years of age.

There are but two bills of exceptions in the record in regard to the introduction of testimony. Neither one of the bills are complete enough to bring the questions before us for review, but if we could consider them, as qualified and approved by the court, they would present no error. The first bill complains that while Mrs. Myrtle Plunkett was testifying, she was asked if Lucile complained to her of anything, and the witness answered that Lucile “complained that she…

2Cases cited2 opinions

  1. Pefferling v. StateTexas Supreme Court · 1874
  2. Sentell v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by9 opinions

  1. Schneider v. StateCourt of Criminal Appeals of Texas · 1965
  2. Phillips v. StateCourt of Criminal Appeals of Texas · 1940
  3. Hart v. StateCourt of Criminal Appeals of Texas · 1940
  4. Bridges v. StateCourt of Criminal Appeals of Texas · 1920
  5. Bratton v. StateCourt of Criminal Appeals of Texas · 1937

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