Poyner v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Nacogdoches. Tried below before Hon. Tom C. Davis. Appeal from a conviction for incest; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with incest by carnally knowing one ISTannie Turner, a daughter of appellant’s sister, and his niece. This is a second appeal in this case.
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Appeal from the District Court of Nacogdoches. Tried below before Hon. Tom C. Davis. Appeal from a conviction for incest; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with incest by carnally knowing one ISTannie Turner, a daughter of appellant’s sister, and his niece. This is a second appeal in this case. Poyner v. State, 47 Southwestern Reporter, 977, and on motion for rehearing in that case, 48 Southwestern Reporter, 516. In view of the disposition made of this appeal, no statement is required to illustrate the questions decided.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of incest, and his punishment assessed at two years confinement in the penitentiary; hence this appeal.
The relationship between appellant and prosecutrix was conceded. The State’s evidence showed, by the positive testimony of the prosecutrix, who was an accomplice, carnal intercourse between her and defendant, and the State introduced testimony which it claimed tended to corroborate her. Defendant took the stand on his own behalf, and denied any act of carnal intercourse between himself and prosecutrix; so that the crucial point in the case was whether…
2Cited by16 opinions
- Stull v. StateCourt of Criminal Appeals of Texas · 1905
- Jaffe v. DeckardCourt of Appeals of Texas · 1924
- Burnaman v. StateCourt of Criminal Appeals of Texas · 1913
- Gillespie v. StateCourt of Criminal Appeals of Texas · 1906
- Austin v. StateCourt of Criminal Appeals of Texas · 1923
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