Moore v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Fayett. Tried below before the Honorable M. C. Jeffrey. Appeal from a conviction of rape upon a female under the age of consent; penalty, five years imprisonment in the penitentiary. The opinion states the case. ■ . On question of age of prosecutrix and previous unchastity: Keck v. State, 234 S. W. Rep., 396; Robert v. State, 234 id., 89; Reeves v. State, 227 S. W. Rep., 668. R. G. Storey, Assistant Attorney General, for the State.
1Opinion
ON REHEARING,
January 25, 1922.
MORROW, Presiding Judge.
It is again insisted that the indictment was bad in that it failed to state that the prosecutrix was of previous chaste character. The statute is found in the Acts of the Thirty-fifth Legislature, Fourth Called Session, Chapter 50. The caption reads thus:
“An Act to amend Article 1063, Title 15, Chapter 8, of the Revised Penal Code of the State of Texas, 1911, defining rape and declaring an emergency.”
As applied to the phase of rape upon which this prosecution depends, it is defined as “carnal knowledge of a female under the age of eighteen…
2Cases cited4 opinions
- Kerley v. StateCourt of Criminal Appeals of Texas · 1921
- Newman v. StateCourt of Criminal Appeals of Texas · 1910
- Young v. StateCourt of Criminal Appeals of Texas · 1921
- Walker v. StateCourt of Criminal Appeals of Texas · 1912