Sharp v. State
Court of Criminal Appeals of Texas
The State’s testimony showed that the prosecutrix while riding in an automobile with defendant, late in the afternoon, and while they were returning towards her home shortly after dark, the defendant . forcibly took her out of the automobile, after she had refused to kiss him, etc., threw her forcibly to the ground, and in spite of her strenuous resistance, had carnal intercourse with her by force and against her consent.
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The State’s testimony showed that the prosecutrix while riding in an automobile with defendant, late in the afternoon, and while they were returning towards her home shortly after dark, the defendant . forcibly took her out of the automobile, after she had refused to kiss him, etc., threw her forcibly to the ground, and in spite of her strenuous resistance, had carnal intercourse with her by force and against her consent. Defendant testified that he had prosecutrix’s consent, and that they were engaged to be married.
1Opinion of the Court
HARPER, Judge.
Appellant was convicted of the offense of rape by force, the alleged injured party being a young lady school teacher of Sherman County, and his punishment assessed at fifty years confinement in the penitentiary.
It appears from the record that court convened the 13th day of January and adjourned on the 28th day of January. When this case was called for trial on the 24th day of January, appellant presented an application for a change of venue. It was contested by the State, and the- court after hearing the evidence overruled the motion. The bill presenting the evidence heard on…
2Cases cited1 opinion
- McMahan v. StateCourt of Criminal Appeals of Texas · 1911
3Cited by17 opinions
- Linder v. StateCourt of Criminal Appeals of Texas · 1922
- Modica v. StateCourt of Criminal Appeals of Texas · 1923
- Crouchett v. StateCourt of Criminal Appeals of Texas · 1925
- Crouchette v. StateCourt of Criminal Appeals of Texas · 1925
- Calyon v. StateCourt of Criminal Appeals of Texas · 1915
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