Lincecum v. State
Court of Appeals of Texas
Appeal from the District Court of Burnet. Tried below before Hon. W. A. Blackburn. This conviction was for rape by assault with force, and the penalty assessed against the appellant was a term of twenty-four years in the penitentiary.
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Appeal from the District Court of Burnet. Tried below before Hon. W. A. Blackburn. This conviction was for rape by assault with force, and the penalty assessed against the appellant was a term of twenty-four years in the penitentiary. As necessary to disclose the materiality of the newly discovered evidence set forth in the motion for new trial, it is sufficient for the purposes •of this report to summarize only the testimony of the prosecutrix for the State and the defendant in his own behalf, noting that the prosecutrix first reported the transaction as merely an assault by the defendant…
1Opinion of the Court
WHITE, Presiding Judge.
This is an appeal from a judgment of conviction for rape.
On the trial the defendant offered to prove by the sheriff of Lampasas County, and also by another witness, that they were acquainted with his general reputation in the neighborhood where he lived as “a peaceable man" and “a law abiding man." Objection to this evidence, as made by the State, was that the inquiry should be limited to his general character for chastity and morality. This objection was sustained and the evidence excluded.
“ While a defendant’s character is presumed to be good until it is impeached, it…
2Cases cited2 opinions
- Walker v. StateIndiana Supreme Court · 1885
- Matthews v. StateTexas Supreme Court · 1869
3Cited by4 opinions
- Commonwealth v. LutherSupreme Court of Pennsylvania · 1983
- State v. ThompsonUtah Supreme Court · 1921
- Commonwealth v. LutherSupreme Court of Pennsylvania · 1983
- Horton v. StateMississippi Supreme Court · 1904