Legal Opinion

Barnard v. State

Court of Criminal Appeals of Texas

Decided April 12, 1905No. 3112PublishedCited by 8 opinions

On cross examination prosecutrix testified as follows: Q. “How came you to have intercourse with Mack Barnard the first time you had intercourse with him?” A. “Well because we were engaged and he promised to marry me.” Q. “That was the only reason?” A. “And then I loved him.” Q. “Did you not swear on a former trial of this case that the only sole reason that you had intercourse with him was because you loved him?” A. “Yes sir.” Q. “You swore that?” A. “Yes sir.”

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On cross examination prosecutrix testified as follows: Q. “How came you to have intercourse with Mack Barnard the first time you had intercourse with him?” A. “Well because we were engaged and he promised to marry me.” Q. “That was the only reason?” A. “And then I loved him.” Q. “Did you not swear on a former trial of this case that the only sole reason that you had intercourse with him was because you loved him?” A. “Yes sir.” Q. “You swore that?” A. “Yes sir.” Q. “Ain’t that the fact?” A. “Yes sir, but then I would not have done it if he had not told me that we were -going to get married…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of seduction—the punishment being fixed at a fine of $2,000. The former appeal of. this ease will be found reported in the 8 Texas Ct. Rep., 386.

Appellant insists that the evidence is not sufficient to show that prosecutrix was seduced, as that word is used in the statute, and construed by this court. In our opinion the evidence amply supports the conviction, and shows perfect corroboration of the prosecutrix as to the seduction. The charge of the court in all respects complies with Putnam v. State, 29 Texas Crim. App., 454, and Barnes v. State, 37 Texas…

2Cases cited2 opinions

  1. Wallace v. StateCourt of Criminal Appeals of Texas · 1904
  2. Barnes v. StateCourt of Criminal Appeals of Texas · 1897

3Cited by8 opinions

  1. State v. JordanArizona Supreme Court · 1956
  2. Link v. StateCourt of Criminal Appeals of Texas · 1914
  3. Pueblo v. Díaz RíosSupreme Court of Puerto Rico · 1949
  4. Slaughter v. StateCourt of Criminal Appeals of Texas · 1920
  5. Adams v. StateCourt of Criminal Appeals of Texas · 1920

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