Mann v. State
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. The appellant was convicted of. rape upon Teresa Lotke, a girl of about twelve years of age, and daughter of a woman with whom he had been living for several years as man and wife. ■ On the trial Teresa appeared as witness ; was much excited when placed - on the witness stand; at first declared that the- accused had never injured her.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. The appellant was convicted of. rape upon Teresa Lotke, a girl of about twelve years of age, and daughter of a woman with whom he had been living for several years as man and wife. ■ On the trial Teresa appeared as witness ; was much excited when placed - on the witness stand; at first declared that the- accused had never injured her. Being again ex? amined by direct questions, facts showing the guilt of the accused were elicited. The mother testified that her daughter had complained to her on the day of the alleged offense,…
1Opinion of the Court
Gould, Associate Justice.
The Code of Criminal Procedure, following the common law, provides that “the husband and wife Can in no case testify against each other except in a criminal prosecution for an offense committed by one against the other.” (Paschal’s Dig., aft. 3113.) There is nothing in the language of the code to justify the extension of this prohibition beyond its terms or beyond the common-law rule, so as to embrace parties who, though never legally married, in violation of law lived together and recognized each other as husband and wife. (Rosc. Cr. Ev., p. 148; 1 Phillips’s Ev.,…
2Cited by23 opinions
- People v. TallmadgeCalifornia Supreme Court · 1896
- Powell v. CommonwealthSupreme Court of Virginia · 1922
- State v. PowellWashington Supreme Court · 1909
- Green v. StateCourt of Criminal Appeals of Texas · 1923
- Fletcher v. PeopleIllinois Supreme Court · 1886
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