Ake v. State
Court of Appeals of Texas
Appeal from the District Court of Travis. Tried below before the Hon. E. B. Turner. The indictment charged the appellant with rape upon the body of Louisa Lamascus. He was convicted upon trial, and his punishment assessed at death. Louisa Lamascus being the first witness offered by the State, her testimony was objected to by the defendant, on the ground that she did not know the obligation of an oath.
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Appeal from the District Court of Travis. Tried below before the Hon. E. B. Turner. The indictment charged the appellant with rape upon the body of Louisa Lamascus. He was convicted upon trial, and his punishment assessed at death. Louisa Lamascus being the first witness offered by the State, her testimony was objected to by the defendant, on the ground that she did not know the obligation of an oath. The court then asked witness if she knew the obligation of an oath; to which witness made no response. The court then asked witness if she had ever been instructed as to the meaning of an oath,…
1Opinion of the CourtWhite, J.
Appellant was tried and convicted at the December term, 1878, of the District Court of Travis County, for the crime of rape, alleged to have been committed by him upon the person of one Louisa Lamascus, on the twenty-eighth day of July, 1878. His punishment is, by the verdict and judgment rendered, assessed at death by hanging.
There are two questions, and but two, arising on the record, necessary to be discussed.
1. When the prosecuting witness, Louisa Lamascus, was sworn, upon suggestions of the defendant’s counsel she. was examined as to her competency as a witness, and her testimony…
2Cases cited9 opinions
- State v. PattersonSupreme Court of Vermont · 1873
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Mann v. StateTexas Supreme Court · 1876
- Crow v. StateTexas Supreme Court · 1874
- State v. WhittierSupreme Judicial Court of Maine · 1842
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