POWELL v. STATE

No. 25432.

243 S.W.2d 845 (1951)

POWELL v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied December 12, 1951.


Attorney(s) appearing for the Case

W. J. Baldwin, Beaumont, for appellant.

Ramie H. Griffin, Criminal Dist. Atty., Joe B. Goodwin, Asst. Dist. Atty., Beaumont, George P. Blackburn, State's Atty., of Austin, for the State.


WOODLEY, Commissioner.

Appellant was convicted of an assault with intent to rape upon his daughter, and the jury assessed his punishment at 25 years in the penitentiary.

The daughter testified to facts which, if believed by the jury, are sufficient to support their verdict. They need not be discussed.

Bill of exception No. 1 complains that the child, who was under 14 years of age, was not a competent witness, both because of her immaturity and because...

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