Herbert v. State

Court of Criminal Appeals of Texas

Herbert v. State

90 S.W. 653, 49 Tex. Crim. 72, 1905 Tex. Crim. App. LEXIS 338

CourtCourt of Criminal Appeals of Texas

DecidedDecember 6, 1905

DocketNo. 3359.

StatusPublished

Cited by7 cases

This text of 90 S.W. 653 (Herbert v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herbert v. State, 90 S.W. 653, 49 Tex. Crim. 72, 1905 Tex. Crim. App. LEXIS 338 (Tex. 1905).

Pincite

Opinion

HENDERSON, Judge.

Appellant was convicted of an assault with intent to rape, and his punishment assessed at two years confinement in the penitentiary; hence this appeal. The indictment properly charged an assault on a female under the age of 15 years, by the use of force. See the subject discussed in Croomes v. State, 40 Texas Crim. Rep., 672, particularly on motion for rehearing.

There was no necessity for the court to charge on alibi. As we understand the testimonjq appellant admitted his presence with the girl alleged to have been raped. It does not occur to us that the court was required to charge on aggravated assault. The testimony of prosecutrix shows that the unquestioned purpose of appellant was to have carnal intercourse with her, and that his efforts were directed to accomplish that purpose. He denies that he made the attempt at all. The evidence did not require the court to charge on impotency.

Appellant criticises the charge of the court in other respects, and also the verdict of the jury, but we do not deem it necessary to discuss said criticisms, as they appear to be of a frivolous character. There being no error in the record, the judgment is affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

HENDERSON, Judge.

Appellant was convicted of an assault with intent to rape, and his punishment assessed at two years confinement in the penitentiary; hence this appeal. The indictment properly charged an assault on a female under the age of 15 years, by the use of force. See the subject discussed in Croomes v. State, 40 Texas Crim. Rep., 672, particularly on motion for rehearing.

There was no necessity for the court to charge on alibi. As we understand the testimonjq appellant admitted his presence with the girl alleged to have been raped. It does not occur to us that the court was required to charge on aggravated assault. The testimony of prosecutrix shows that the unquestioned purpose of appellant was to have carnal intercourse with her, and that his efforts were directed to accomplish that purpose. He denies that he made the attempt at all. The evidence did not require the court to charge on impotency.

Appellant criticises the charge of the court in other respects, and also the verdict of the jury, but we do not deem it necessary to discuss said criticisms, as they appear to be of a frivolous character. There being no error in the record, the judgment is affirmed.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

90 S.W. 653, 49 Tex. Crim. 72, 1905 Tex. Crim. App. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herbert-v-state-texcrimapp-1905.

Opinion

Related

Cite This Page — Counsel Stack