Opinion

Strauss v. State

  • 76 Tex. Crim. 132
  • 173 S.W. 663
  • 1915 Tex. Crim. App. LEXIS 319
Court
Court of Criminal Appeals of Texas
Filed
Jan 20, 1915
Status
Published
On the bench
Davidson, Haepee, Harper, Pbehdebgast
Cited by
2 cases

upholding the constitutionality of a city ordinance making it unlawful for a white person and any Negro to have sexual intercourse with each other within the city limits

How later courts described this case

  • upholding the constitutionality of a city ordinance making it unlawful for a white person and any Negro to have sexual intercourse with each other within the city limits

Written by the judges who cited it.

The opinion

I do not agree that bill No. 3 presents error. The witness Randall was permitted to testify that he had not had intercourse with the woman. Then the question was asked by defendant, "What were you intending to do if the officers had not entered the house when they did?" I do not think what he would testify he intended to do would be admissible. He was permitted to testify to all the facts within his knowledge, but I do not agree that what he would say was his intention thereafter to do would be admissible. And while agreeing that the ordinance is valid, I am of the opinion the case should be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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