Heitman v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before the Hon. Bobert B. Seay. Appeal from a conviction of rape upon a female under the age of •consent; penalty, imprisonment for life in the penitentiary. The opinion states the case. On question of admitting the school record in evidence to prove the age of prosecutrix: Simpson v. State, 46 Texas Crim. Bep., 551. Upon question oí chastity of prosecutrix’s mother: Jacobs v. State, 66 Texas Crim.
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Appeal from the Criminal District Court of Dallas. Tried below before the Hon. Bobert B. Seay. Appeal from a conviction of rape upon a female under the age of •consent; penalty, imprisonment for life in the penitentiary. The opinion states the case. On question of admitting the school record in evidence to prove the age of prosecutrix: Simpson v. State, 46 Texas Crim. Bep., 551. Upon question oí chastity of prosecutrix’s mother: Jacobs v. State, 66 Texas Crim. Rep., 146, 146 S. W. Rep., 558, and cases cited in the opinion. On question of argument of State’s counsel: Flores y. State, 60 Texas…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of rape on a girl alleged to be under fifteen years of age and given life imprisonment in the penitentiary:
The facts as to the guilt of the defendant are in direct conflict. It is also shown defendant is seventy-two years of age. The evidence is contradictory as to the age of the girl, the State contending she was about fourteen and appellant contending she was older. That is a controverted issue. It is also the contention of appellant that he had reached that age of life when he was physically unable to have sexual intercourse, much less rape a young…
2Cases cited5 opinions
- Wilkerson v. StateCourt of Criminal Appeals of Texas · 1910
- Holland v. StateCourt of Criminal Appeals of Texas · 1910
- Warren v. StateCourt of Criminal Appeals of Texas · 1908
- Jacobs v. StateCourt of Criminal Appeals of Texas · 1912
- Simpson v. StateCourt of Criminal Appeals of Texas · 1904
3Cited by4 opinions
- Finley v. StateCourt of Criminal Appeals of Texas · 1975
- Ex Parte MauckCourt of Criminal Appeals of Texas · 1953
- Coleman v. StateCourt of Criminal Appeals of Texas · 1944
- Harris v. StateCourt of Criminal Appeals of Texas · 1930