Legal Opinion · Dissent

Collier v. State

Court of Criminal Appeals of Texas

Decided November 14, 1956No. 28419Published

1DissentDavidson, Judge

Here is a real “Believe It or Not” (with due apology to Ripley) !

The two principals in this case — and the only persons, that *95is: the prosecutrix and the appellant, who knew whether the appellant was guilty of the offense charged — each testified that the alleged act did not happen and that appellant did not commit the crime of rape upon the prosecutrix.

So, we have here a case where the jury, the trial court, and a majority of this court, all of whom know nothing of the facts, say that the state proved that the prosecutrix was not only raped by someone but by the appellant — all in the face…

2Cases cited2 opinions

  1. Howard v. StateCourt of Criminal Appeals of Texas · 1932
  2. White v. StateCourt of Criminal Appeals of Texas · 1951

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