Cowles v. State

DAVIDSOU, Presiding Judge.

Appellant was allotted six years in the penitentiary under a charge of rape.

Much conduct and emotional exhibition of feelings by the prosecu trix, as well as statements by her, were introduced in evidence. Some of these occurred months after the alleged rape, and some of them after appellant’s arrest, and were detailed through the mouth of the mother of prosecutrix as original testimony. This was not permissible as original testimony. Sometime circumstances are such that this character of evidence is permissible to sustain the prosecutrix when impeached. The…