Wilson v. State
Court of Appeals of Texas
Appeal from the District Court of Grayson. Tried below before the Hon. IÍ. Maltbie. The conviction in this case, upon which the appellant was-awarded the death pealty, was for the rape of one Catherine Dubbs, in Grayson county, Texas, on the 26th day of October, 1884. Mrs. Catherine Dubbs was the first witness for the State. She testified that she was a resident of the city of Denison, Graysoncounty, Texas.
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Appeal from the District Court of Grayson. Tried below before the Hon. IÍ. Maltbie. The conviction in this case, upon which the appellant was-awarded the death pealty, was for the rape of one Catherine Dubbs, in Grayson county, Texas, on the 26th day of October, 1884. Mrs. Catherine Dubbs was the first witness for the State. She testified that she was a resident of the city of Denison, Graysoncounty, Texas. She had known the defendant, Lewis Wilson, since June or July, 1884. He lived about one hundred and fifty yards distant from the witness on the opposite side of the new public school…
1Opinion of the Court
White, Presiding Judge.
Appellant was convicted of rape upon one Catherine Dubbs, and his punishment was assessed at death.
On the trial appellant proposed to prove that several years before the alleged rape the prosecutrix had given birth to an illegitimate child. This evidence was proposed for the purpose of impeaching the chastity of the prosecutrix. On objection by the prosecuting officer the evidence was disallowed, and defendant saved his bill of exceptions.
In prosecutions for rape it is unquestionably competent for the accused to impeach the character of the prosecutrix for chastity,—…
2Cases cited10 opinions
- People v. AbbotNew York Supreme Court · 1838
- Pefferling v. StateTexas Supreme Court · 1874
- Davis v. StateTexas Supreme Court · 1875
- Barker v. StateIndiana Supreme Court · 1874
- State v. BreedenSupreme Court of Missouri · 1875
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