Smith v. State

Citations

• 41 Tex. 352

Syllabus

<p>1. Evidence—Rape.—Where a child was too young to testify as a witness, it follows, as a necessary consequence, that any statement it may have made to others ought not to be admitted in evidence.</p> <p>2. The action of a district judge in passing sentence on a defendant who has been found guilty of a felony, and ordering him to be convoyed to the penitentiary after his motions for new trial and in arrest of judgment had been overruled and notice of appeal given, is in plain violation of the law which suspends sentence after appeal until the decision of the Supreme Court has been received. (Pas. Dig., art. 3148.)</p>