Belcher v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before Hon. Samuel R. Scott. Appeal from a conviction for rape; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with rape, committed on the 8th of January, 1897, upon Azaline Belcher, his own daughter.
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Appeal from the District Court of McLennan. Tried below before Hon. Samuel R. Scott. Appeal from a conviction for rape; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with rape, committed on the 8th of January, 1897, upon Azaline Belcher, his own daughter. The objection to the testimony, on cross-examination of the witness Isaac McLennan, referred to below, is thus shown in defendant’s third bill of exceptions, viz.: “The State’s counsel, on redirect examination of State’s witness Isaac McLennan, asked said witness, fif his wife did not-have a baby…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of rape, and his punishment assessed at confinement in the penitentiary for a term of five years, and he prosecutes this appeal.
Appellant excepts to the charge of the court because in the charge, on the question of penetration, it instructed the jury that this could he proved by positive or circumstantial evidence. The proof on this subject was of a positive nature, and we fail to see how appellant was injured by the charge given, or by the failure of the court to further define circumstantial evidence.
The testimony elicited from the witness Isaac…
2Cited by3 opinions
- Palm v. StateCourt of Criminal Appeals of Texas · 1946
- Wells v. StateCourt of Criminal Appeals of Texas · 1935
- Orner v. StateCourt of Criminal Appeals of Texas · 1916