Wells v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the rape of Jennie Cantrell, on the 7th day of June, 1901. Briefly stated, the facts shown by the record are that the prosecutrix was the wife of P. H. Cantrell. She and her husband and her father had stopped to stay all night at the Central wagon yard, in McKinney.
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The indictment charged appellant with the rape of Jennie Cantrell, on the 7th day of June, 1901. Briefly stated, the facts shown by the record are that the prosecutrix was the wife of P. H. Cantrell. She and her husband and her father had stopped to stay all night at the Central wagon yard, in McKinney. They went to bed quite early, in what was called the “bunk room” at the wagon yard; the prosecutrix and her husband lying upon a pallet in one corner of the room and her father on a pallet in another corner. About 10 o’clock, defendant and his companion, Cummins, also stopped to stay for the…
1Opinion of the Court
DAVIDSOH, Presiding Judge.
This is an appeal from a conviction for rape, the punishment being assessed at seven years confinement in the penitentiary.
The State proved by the witness Pafford that he saw Cummins the morning after defendant’s arrest at the calaboose; he stated that defendant told him the previous night that he was going down to the wagon yard and have carnal intercourse with that woman, meaning prosecutrix. Defendant was not present at the time of this conversation but was in the county jail. Objection was urged that this was hearsay; that it was collateral to any issue in the…
2Cited by16 opinions
- Connell v. StateCourt of Criminal Appeals of Texas · 1903
- Vines v. StateCourt of Criminal Appeals of Texas · 1972
- Casey v. StateCourt of Criminal Appeals of Texas · 1905
- Rogers v. StateCourt of Criminal Appeals of Texas · 1912
- Austin v. StateCourt of Criminal Appeals of Texas · 1923
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