Gardner v. State
| Decision Date | 26 March 1919 |
| Docket Number | (No. 5306.) |
| Citation | 210 S.W. 694 |
| Parties | GARDNER v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Criminal District Court, Dallas County; Robt. B. Seay, Judge.
Ed Gardner was convicted of assault with intent to rape a female under 15, and he appeals. Reversed and remanded.
Oscar H. Calvert and La Fayette Fitzhugh, both of Dallas, for appellant.
E. A. Berry, Asst. Atty. Gen., for the State.
This is the second appeal in this case. See Gardner v. State, 198 S. W. 312, L. R. A. 1918B, 1144.
Appellant was convicted of assault with intent to rape a female under the age of 15 years, and his punishment fixed at two years' confinement in the penitentiary.
Complaint is made of the insufficiency of the indictment; it being claimed by appellant that such indictment combined in one count the two offenses of assault with intent to rape and an attempted rape. Indictments almost identical in form have been before this court and held good. Taylor v. State, 44 Tex. Cr. R. 153, 69 S. W. 149.
We have examined this record carefully, in view of the admission in the brief of the state, filed by the able Assistant Attorney General, that there is reversible error in that a large number of witnesses testified to the insanity of the appellant, and that no witnesses were placed upon the stand by the state to controvert this issue. This admission is made on the authority of the Kiernan Case, 208 S. W. 518, recently decided. It appears from the evidence that the appellant was a man 72 years of age, and he is shown by all of the witnesses to have been a man of the highest standing and character all of his life until a few years prior to the filing...
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Bigby v. State
...See e.g., Holmes v. State, 20 Tex.App. 110 (1885); Kiernan v. State, 84 Tex.Cr.R. 500, 208 S.W. 518, 519 (1919); Gardner v. State, 85 Tex.Cr.R. 103, 210 S.W. 694 (1919); McCann v. State, 129 Tex.Cr.R. 105, 83 S.W.2d 967, 972 (1935) (on second rehearing); Graham v. State, 566 S.W.2d 941 (Tex......
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...see, e.g., Rucker v. State, 599 S.W.2d 581 (Tex.Cr.App.1979); Danzig v. State, 546 S.W.2d 299 (Tex.Cr.App.1977); Gardner v. State, 85 Tex.Cr.R. 103, 210 S.W. 694 (1919); Kiernan v. State, 84 Tex.Cr.R. 500, 208 S.W. 518 (1919), or on grounds having nothing to do with the State's evidence, Wi......
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...weight and preponderance of the evidence. He relies on Kiernan v. State, 84 Tex.Cr.R. 500, 208 S.W. 518, and Gardner v. State, 85 Tex.Cr.R. 103, 210 S.W. 694. The offense was committed on September 2, 1974. Thus, V.T.C.A., Penal Code Sec. 8.01 was in effect and provides the standard for thi......
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Schuessler v. State, 08-81-00092-CR
...this Court overturn a jury's findings on this issue. Kiernan v. State, 84 Tex.Cr.R. 500, 208 S.W. 518 (1919), and Gardner v. State, 85 Tex.Cr.R. 103, 210 S.W. 694 (1919), cited by appellant were two such cases. This is not such a The Court of Criminal Appeals was speaking in that case from ......