Thompson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Walker. Tried below before Hon. J. M. Smither. This appeal is from a judgment of conviction for rape, wherein the penalty is assessed at death. • Lula Sylvester, the prosecutrix, is a white woman; the defendant a negro. The salient features of the case are sufficiently stated in the opinion of the court, and it is not necessary to make any additional statement.
1Opinion of the Court
HTJRT, Presiding Judge.
Conviction for rape upon Lula Sylvester; punishment, death.
The indictment contains two counts. The first count charged carnal knowledge by force and fraud, and without the consent of the woman (Lula Sylvester). The second count is drawn under the Act of April 13, 1891, which makes it rape to have carnal knowledge of a woman with or without consent, and with or without force, threats, or fraud, if the woman is so mentally diseased at the time as to have no will to oppose the act of carnal knowledge of her, knowing her to be so mentally diseased.
■ Counsel on the trial…
2Cases cited1 opinion
- Topolanck v. StateTexas Supreme Court · 1874
3Cited by18 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1902
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
- Sanchez v. StateCourt of Criminal Appeals of Texas · 1972
- State v. BirchardOregon Supreme Court · 1899
- Lee v. StateCourt of Criminal Appeals of Texas · 1901
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