Armstrong v. State
Court of Criminal Appeals of Texas
The charge of the court on accomplice testimony was as follows: “You are instructed that if you believe from the evidence on this trial, beyond a reasonable doubt, that there was an act of intercourse between the defendant and Katherine Armstrong, and if you further believe that said- Katherine Armstrong is the daughter of the defendant; yet, unless you further believe that said act of intercourse was against the will and without the consent of the said Katherine you are…
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The charge of the court on accomplice testimony was as follows: “You are instructed that if you believe from the evidence on this trial, beyond a reasonable doubt, that there was an act of intercourse between the defendant and Katherine Armstrong, and if you further believe that said- Katherine Armstrong is the daughter of the defendant; yet, unless you further believe that said act of intercourse was against the will and without the consent of the said Katherine you are instructed that she would be an accomplice; and in such event the law would require that her testimony be corroborated by…
1Opinion of the Court
LATTIMORE, Judge.
—Appellant was convicted of the crime of incest, alleged to have been committed with his daughter, and his punishment was fixed at five years confinement in the penitentiary.
There is hut one bill of exceptions in the record, and its contention is that the trial court erred in allowing the State to show by one Walter Price, that at his house, and some time after the arrest of appellant, witness heard Dora Armstrong, the daughter of appellant, state that she “saw papa on the bed on top of Katherine the other day.” The objection to this evidence was that it was hearsay. Dora…
2Cited by1 opinion
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