Price v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Brazos. Tried below before Hon. J. C. Scott. Appeal from a conviction of a rape of a female under the age of 15 years; penalty, death. Appellant was charged by the indictment with the rape of Lilly Price, a female under the age of 15 years. He was also charged in the second count of the indictment with incest, the said Lilly Price being his daughter. The opinion gives a concise summary of the essential facts proved.
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of rape upon a female under the age of consent, and his punishment assessed at death.
Appellant insists that the court erred in refusing to admit the testimony of Lilly Price, prosecutrix, and her brother, Gus Price, as to her conduct with some young men in Ellis County. Evidence tending to show a lack of chastity on the part of the prosecutrix is only admissible to raise the presumption of consent or not, and, this being a case of rape upon a girl under 15 years of age, that issue is not in the case. We have heretofore held that witnesses may be asked if…
2Cases cited1 opinion
- Hall v. StateCourt of Criminal Appeals of Texas · 1902
3Cited by3 opinions
- Barker v. StateIndiana Supreme Court · 1918
- Ott v. StateCourt of Criminal Appeals of Texas · 1920
- Satterwhite v. StateCourt of Criminal Appeals of Texas · 1929