Legal Opinion

Smith v. State

Court of Criminal Appeals of Texas

Decided December 18, 1968No. 41697PublishedCited by 50 opinions

1Opinion of the Court

OPINION

MORRISON, Judge.

The offense is Rape; the punishment, Death.

Appellant’s first ground of error is his contention that the evidence is insufficient to support the conviction. Great stress is placed upon the fact that the attacker forced the prosecutrix to cover her face and\did not permit her to look at him. We have examined the record with care and find several instances in which the prose-cutrix testified that she parted her fingers and viewed her assailant or saw him through a sheer cloth which he required her to place over her head, thus enabling her to positively identify appellant.…

2Cases cited38 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Jackson v. DennoSupreme Court of the United States · 1964
  4. Escobedo v. IllinoisSupreme Court of the United States · 1964
  5. Witherspoon v. IllinoisSupreme Court of the United States · 1968

33 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Martinez v. StateCourt of Criminal Appeals of Texas · 1969
  2. Mutscher v. StateCourt of Criminal Appeals of Texas · 1974
  3. Hinkle v. StateCourt of Criminal Appeals of Texas · 1969
  4. Rougeau v. StateCourt of Criminal Appeals of Texas · 1987
  5. Creel v. StateCourt of Criminal Appeals of Texas · 1973

45 more not listed; retrieve them via the Exa API.

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