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20 Tex. Ct. App. 281

Fitzgerald v. State

Court of Appeals of Texas

Decided February 10, 1886

Court of Appeals of Texas · decided 1886-02-10

Tried below before the Hon. T. L. Hugent. The conviction in this case was for the rape of Ida Turk, in Cory-ell county, Texas, on the 30th day of May, 1885, by means of force and threats. The penalty assessed against the appellant was a life term in the penitentiary. Miss Ida Turk was the first witness for the State. She testified at great length, her evidence covering twenty-three pages of the transcript.

Decided 1886-02-10

White, Presiding Judge.

¶1Appellant was convicted in the lower court of rape, and his punishment was affixed at a life term in the penitentiary. As disclosed by the record, the evidence amply sustains the verdict and judgment; the law of the case was most fully and fairly given upon all the different phases in the court’s charge to the jury, and as favorably to the defendant as he had the right to demand; there were no additional instructions aslied; there was no bill of exceptions saved to any supposed error in the ruling of the court. In a word, the- trial appears in every respect to have been a fair and impartial one.

¶2There is nothing presented on this appeal which requires discussion; wherefore the judgment is affirmed.

¶3Affirmed.

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