Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 227
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1875.] DAVIS v. THE STATF. 227
Argument for the appellant.
the dwelling. Accused not obeying her call she sent her
daughter Mary (alleged to have been injured) to tell him to
come to dinner; waiting a reasonable time for him to come to
dinner after he was sent for by her daughter, witness became
uneasy about the cause of his delay, and that of her daughter
Mary, and went out in quest of them; having proceeded about
twenty steps from the house into the cotton patch, witness
suddenly came upon the defendant and her daughter Mary E.
Schwab. The defendant was lying on his left side, on the
ground, with Mary, her daughter, in his arms and in the act of
copulation. The defendant remarked, "Mrs. Betty, you have
caught me," and caught witness by her clothes and hung on to
her, begging her not to tell on him, jumped up and followed
witness to the fence a few yards off, as she led her daughter
Mary away, partly dragging her feet after her, as she was led
away, saying he squeezed her so tight she could not hallo, and
crying apparently from pain from the defendant's treatment.
The defendant then ran off towards the river for his house.
No one else being present, witness led and dragged her daughter
to her German neighbor, Martha Swaab's house, where she
(Mary) lay most of that evening abed, complaining of pain and
hurting of her side and head, and with fever; that the next
day, and afterwards, she was able to sit up some and help
nurse the children at Martha Swaab's, but always at the time,
and frequently since then, complaining of her side and head,
and having fever accompanying her side complaints.
(The remaining part of this witness's testimony is given in
The accused was convicted, and his punishment fixed at
hanging. After sentence he has appealed.
IW. R. Friend, for appellant, cited Wharton's Cr. Law, vol. 2,
Sec. 1138, 1139, 1146 and notes 1149; 1 Hale, 628, 631; 1
Hawkins, Ch., 41; 4 Black. Com., 213; State v. Johnson, 11
Texas, 32; State v. Williams, 36 Texas, 352; Cain v. State,
18 Texas, 387; Stephanes v. State, 21 Texas, 206.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/235/: accessed October 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .