Smith v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Falls. Tried below before Hon. Sam R. Scott. Appeal from a conviction of rape; penalty, seventy-five years imprisonment in the penitentiary. • . Appellant was charged by the indictment with the rape of Elma Walker, in Falls County, on the 30th day. of July, 1901, she, the said Elma, being under the age of 15 years. The facts, in so far as they are necessary to an understanding of the case, are stated in the opinion.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of rape, and his punishment assesed at confinement in_the penitentiary for a term of seventy-five years; hence this appeal.
Appellant made a motion for continuances. Without entering into a discussion of it, we would observe that it does not occur to us that the absent testimony was material or probably true. The conrt did not err in overruling the same.
Bills of exception numbers 3, 4 and 5 present no error.
When the prosecutrix, Elma Walker, was on the stand, the State was allowed to prove over defendant’s objections that, after the carnal intercourse,…
2Cases cited6 opinions
- State v. WaltersSupreme Court of Iowa · 1877
- Hamilton v. StateCourt of Criminal Appeals of Texas · 1896
- Edens v. StateCourt of Criminal Appeals of Texas · 1900
- Thompson v. StateCourt of Criminal Appeals of Texas · 1894
- Champ v. StateCourt of Criminal Appeals of Texas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Heath v. StateIndiana Supreme Court · 1910
- Battles v. StateCourt of Criminal Appeals of Texas · 1910
- Davis v. StateCourt of Criminal Appeals of Texas · 1908
- Gross v. StateCourt of Criminal Appeals of Texas · 1911
- Stalling v. StateCourt of Criminal Appeals of Texas · 1921
35 more not listed; retrieve them via the Exa API.