Duncan v. State
| Decision Date | 24 October 1900 |
| Citation | 59 S.W. 267 |
| Parties | DUNCAN v. STATE.<SMALL><SUP>1</SUP></SMALL> |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Anderson county; A. D. Lipscomb, Judge.
William Duncan was convicted of rape, and he appeals. Reversed.
B. S. Gardner, John I. Moore, and L. T. Dashiell, for appellant. Robt. A. John, Asst. Atty. Gen., for the State.
Appellant was convicted for rape, and his punishment assessed at confinement in the penitentiary for a term of 10 years. Article 216, Code Cr. Proc., provides: "An indictment for the offense of rape may be presented within one year, and not afterwards." A very careful perusal of the evidence before us discloses that the state failed to prove that the act of rape relied upon in this prosecution was within one year from the filing of the indictment herein. This being the case, we cannot permit this prosecution to stand. Therefore, on account of the failure of the state to prove the commission of the offense within one year preceding the filing of the indictment, the judgment is reversed, and the cause remanded.
1. Rehearing denied November 28, 1900.
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...cited.' See also, Mulvehill v. State, Tex.Cr.App., 395 S.W.2d 647; Fannin v. State, 163 Tex.Cr.R. 569, 294 S.W.2d 848; Duncan v. State, Tex.Cr.App., 59 S.W. 267. In the instant case, the State offered no evidence to support the allegation tolling the statute of limitations. If it were a fac......
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Urban v. State
...'filing', in connection with indictments, have been used interchangeably by this Court in passing upon pleas of limitation. Duncan v. State, Tex.Cr.App., 59 S.W. 267. One instance of the use of 'filed' where companion statutes use 'presented' referring to the same day is Art. 183 of the Lim......
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