Legal Opinion

Batchelor v. State

Court of Criminal Appeals of Texas

Decided February 14, 1900No. 1911PublishedCited by 21 opinions

The indictment charged appellant with the rape of one Laura Batchelor, on the 1st of March, 1899, the said Laura Batchelor being a female under the age of 15 years, etc. Appellant was the father of the alleged injured female. Ho further statement is required in view of the case as made on this appeal.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of rape upon Laura Batchelor, a female, being then and there under the age of 15 years, and not his wife, and his punishment assessed at confinement in the penitentiary for a term of ninety-nine years. The testimony shows several acts of intercourse between the parties in Hood County, besides some prior acts in another county. When the testimony was all in, appellant moved the court to require the State to elect upon which act of intercourse it would rely for a conviction. This was overruled. This was erroneous. It is true, the court confined…

2Cases cited2 opinions

  1. Lunn v. StateTexas Supreme Court · 1875
  2. Fisher v. StateTexas Supreme Court · 1871

3Cited by21 opinions

  1. Crawford v. StateCourt of Criminal Appeals of Texas · 1985
  2. Crosslin v. StateCourt of Criminal Appeals of Texas · 1921
  3. Bates v. StateCourt of Criminal Appeals of Texas · 1957
  4. Jamison v. StateTennessee Supreme Court · 1906
  5. Bader v. StateCourt of Criminal Appeals of Texas · 1909

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