Pefferling v. State
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. George H. Noonan. Pefferling was indicted for art assault with intent to commit a rape upon one Mary Zinck.
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Appeal from Bexar. Tried below before the Hon. George H. Noonan. Pefferling was indicted for art assault with intent to commit a rape upon one Mary Zinck. The prosecuting witness testified, in substance, that one Sunday, in San Antonio, about 4 o’clock in the afternoon, defendant, a hackdriver, accosted her on the streets, and offered to take her home; he said he was passing that way to the San Pedro Springs; witness said she had no money, but defendant said as he was going by her father’s he would not charge her. She entered the hack, and at once the defendant drove rapidly off, and soon she…
1Opinion of the Court
Moore, Associate Justice.
Unquestionably, in trials for rape, or assaults with intent to commit rape, the character for chastity of the female alleged to have been injured may be impeached, not as evidence of justification or excuse for the offense, but for the purpose of raising the presumption that she yielded her assent, and was not *490in fact forced. And this presumption, it is said, will be stronger or weaker according to the degree of prostitution or degradation established by the evidence. If, therefore, the record showed that the court had ruled as alleged in the first, second, and first…
2Cases cited6 opinions
- People v. AbbotNew York Supreme Court · 1838
- Stephen v. StateSupreme Court of Georgia · 1852
- Wilson v. StateIndiana Supreme Court · 1861
- People v. McGeeCourt for the Trial of Impeachments and Correction of Errors · 1845
- Maria v. StateTexas Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Martinez v. StateCourt of Criminal Appeals of Texas · 2005
- People v. GageMichigan Supreme Court · 1886
- State v. OgdenOregon Supreme Court · 1901
- Castillo v. StateCourt of Criminal Appeals of Texas · 1892
- State v. SargentOregon Supreme Court · 1897
41 more not listed; retrieve them via the Exa API.