Hopkins v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Upshur, Tried below before the Hon. M. G. Sanders. Appeal from a conviction of rape upon a female under the age of consent; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of the insufficiency of the evidence: Johnson v. State, 27 Texas Crim. App., 163. On question of rejecting testimony as to age of prosecutrix: Wool-bright v. State, 35 S. W. Rep., 393; Good v. State, 18 Texas Crim.
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Appeal from the District Court of Upshur, Tried below before the Hon. M. G. Sanders. Appeal from a conviction of rape upon a female under the age of consent; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of the insufficiency of the evidence: Johnson v. State, 27 Texas Crim. App., 163. On question of rejecting testimony as to age of prosecutrix: Wool-bright v. State, 35 S. W. Rep., 393; Good v. State, 18 Texas Crim. App., 39; Shearar v. State, 30 id., 349; Hill v. State, 52 Texas Crim. Rep., 241. On question of newly discovered evidence^ Lindley…
1Opinion of the Court
HARPER, Judge.
Appellant was convicted of rape and his punishment assessed at five years confinement in the State penitentiary.
We will not discuss the testimony, nor all the bills of exception as presented by the record as, in our opinion, the case must be reversed and remanded for a new trial.
The age of the girl was a most sharply contested issue. She and her mother testified to the act of intercourse, and that she was under fifteen years old. Appellant denied the act of intercourse, and contended that the girl was more than fifteen years of age, and introduced two witnesses who so testified,…
2Cases cited7 opinions
- Conway v. StateCourt of Criminal Appeals of Texas · 1894
- Deneaner v. StateCourt of Criminal Appeals of Texas · 1910
- Anderson v. StateCourt of Criminal Appeals of Texas · 1906
- Sanders v. StateCourt of Criminal Appeals of Texas · 1893
- Boatright v. StateCourt of Criminal Appeals of Texas · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Redwine v. StateCourt of Criminal Appeals of Texas · 1916
- Harris v. StateCourt of Criminal Appeals of Texas · 1930