Payne v. State
Court of Criminal Appeals of Texas
The indictment is set out in the opinion, as is also a statement of the material facts proved. The charge of the court submitted only a rape by fraud. .
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of rape, and his punishment assessed at confinement in the penitentiary for a term of five years; hence this appeal. The charging part of the indictment is as follows: “That defendant did then and there by force, threats, and
fraud, and without the consent of the said J essie Winn, ravish and have carnal knowledge of the said J essie Winn, the said J essie Winn not being then and there the wife of the said Bunyon Payne,” etc.
The evidence showed that on the night of the alleged offense there was a party at the house of one H. B. Payne, the father of the…
2Cited by7 opinions
- Jolly v. CommonwealthSupreme Court of Virginia · 1923
- Payne v. StateCourt of Criminal Appeals of Texas · 1899
- State v. NavarroArizona Supreme Court · 1961
- Lee v. StateCourt of Criminal Appeals of Texas · 1902
- State v. FudgeWest Virginia Supreme Court · 1924
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