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90 Tex. Crim. 329

234 S.W 541

Grace v. State

Court of Criminal Appeals of Texas · decided 1921-06-22

Tried below before the .Honorable W. S. Anderson.- Appeal from a conviction of rape by threats; penalty, death. The opinion states the case. On question of submission of evidence by witness Ellison; Hoy v. State, 39 Texas Crim. Rep., 340.

Cited by 3 later decisions — most recently October 1957

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1921-06-22

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¶1 ON REHEARING.

¶2 November 23, 1921.

HAWKINS, JUDGE.

¶3 On account of the extremeS penalty having been inflicted, in this case, we have again examined the record and the authorities cited in appellant's brief and referred to in his motion for rehearing. We regret that we have been unable to reach the conclusion so ably contended for by counsel. The view expressed in our original opinion was arrived at after careful consideration because of the severe penalty fixed by the jury. To write at length on the motion would amount to nothing more than an expression in different words of the same conclusions.

¶4 The facts alleged in the motion cannot be considered by us. Pye v. State, 71 Texas Crim. Rep., 94.

¶5 The motion is overruled.

¶6 Overruled.

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