Brock v. State
Court of Criminal Appeals of Texas
The indictment charged appellant, in two counts, with a rape upon Hattie Heads, on the 28th day of May, 1902. The first count charged a rape upon a female under the age of 15 years; the second, a rape committed by force, threats and fraud. Both counts were submitted to the jury, and the verdict of guilty was a general verdict. Hattie Meads, the prosecutrix, was defendant’s stepdaughter.
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The indictment charged appellant, in two counts, with a rape upon Hattie Heads, on the 28th day of May, 1902. The first count charged a rape upon a female under the age of 15 years; the second, a rape committed by force, threats and fraud. Both counts were submitted to the jury, and the verdict of guilty was a general verdict. Hattie Meads, the prosecutrix, was defendant’s stepdaughter. The State called defendant’s wife as a witness, and, without objection on his part, she' testified against him. It is unnecessary to give a statement of the case generally.
1Opinion of the Court
DAVIDSON", Presiding Judge.
The indictment is for rape, the first count charging rape upon Hattie Heads, a girl under 15 years of age, and the second count rape upon the same girl by force, threats and fraud. Both counts were submitted to the jury, and a verdict of guilty was returned, assessing the death penalty.
The offense occurred May 28, 1902. The absent witness, Elliott, was expected to testify that he knew the age of the prosecutrix; that the date of her birth was the 25th of April, 1887; the alleged rape having occurred the latter part of May, 1902. That he was living in San Angelo,…
2Cases cited1 opinion
- Stein v. BowmanSupreme Court of the United States · 1839
3Cited by41 opinions
- Gibson v. StateCourt of Criminal Appeals of Texas · 1974
- Johnigan v. StateCourt of Criminal Appeals of Texas · 1972
- Woodall v. StateCourt of Criminal Appeals of Texas · 1910
- Hobbs v. StateCourt of Criminal Appeals of Texas · 1908
- Ward v. StateCourt of Criminal Appeals of Texas · 1913
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