Dreher v. State

ON MOTION FOR REHEARING.

KRUEGER, Judge.

In his motion for a rehearing, appellant contends that we erred in the original disposition of this case in holding that the clothes worn by the injured female on the day in question were admissible in evidence without any evidence that they were, at the time of trial, in the same condition as they were immediately after the alleged rape. It occurs to us that appellant does not fully appreciate the significance of the girl’s testimony relating thereto. She testified as follows: “That wearing apparel is torn, it was torn when he tried to pull my dress…