Bryan v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Knox. Tried below before the Honorable J. H. Milam. Appeal from a conviction of rape upon a person mentally diseased,, etc.; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of confession: Nolan v. State, 129 S. W. Rep., 1108; Robert v. State, 228 id., 230; Sharp v. State, 197 id., 207. On question of impeaching witness: Howe v. State, 177 S. W-Rep., 497.
1Opinion of the Court
HAWKINS, Judge.
Appellant was convicted of the offense of rape, and his punishment assessed at confinement in the penitentiary for a term of five years.
The indictment charges him with rape upon one Kate Wooley, who-is alleged to have been so mentally diseased at the time as to have no-will to oppose the act of carnal intercourse; and alleges that appellant knew her to be so mentally diseased.
It is not necessary to set out the evidence further than it may be referred to in discussing the questions hereafter adverted to. The mental condition of the prosecutrix became a controverted issue, but…
2Cases cited5 opinions
- Willis v. StateCourt of Criminal Appeals of Texas · 1905
- Rice v. StateCourt of Criminal Appeals of Texas · 1907
- Cleavinger v. StateCourt of Criminal Appeals of Texas · 1901
- Finks v. StateCourt of Criminal Appeals of Texas · 1919
- Benson v. StateCourt of Criminal Appeals of Texas · 1907
3Cited by18 opinions
- Vasquez v. StateCourt of Criminal Appeals of Texas · 1942
- Lewis v. StateCourt of Criminal Appeals of Texas · 1980
- Bryant v. StateCourt of Criminal Appeals of Texas · 1923
- Katz v. StateCourt of Criminal Appeals of Texas · 1922
- Whitman v. StateCourt of Criminal Appeals of Texas · 1923
13 more not listed; retrieve them via the Exa API.