Burnett v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Gonzales. Tried below before Hon. AT. Kennon, Special Judge. The indictment charged appellant, James Burnett, and his daughter, Jeanett Burnett, jointly with incest. At the trial appellant was convicted, and his punishment was assessed at two years in the penitentiary, and Jeanett Burnett, the codefendant, was found not guilty and discharged.
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Appeal from the District Court of Gonzales. Tried below before Hon. AT. Kennon, Special Judge. The indictment charged appellant, James Burnett, and his daughter, Jeanett Burnett, jointly with incest. At the trial appellant was convicted, and his punishment was assessed at two years in the penitentiary, and Jeanett Burnett, the codefendant, was found not guilty and discharged. Defendant’s bill of exceptions was raised to the action of the court in permitting the witness Betty Rogers, over his objections, to testify to an act of carnal intercourse between them (the parties) witnessed by her at…
1Opinion of the Court
SIMKENS, Judge.
Appellant was convicted of incest, and his punishment fixed at two years in the penitentiary, from which he appeals. The sole question raised in the case is, whether the State can prove the crime of incest by evidence of more than one act. This is not an open question. It is well settled, that in prosecutions for adultery, or for illicit intercourse of any class, evidence is admissible of sexual acts between the same parties prior to, or, when indicating continuousness of illicit relations, even subsequent to, the act specifically under trial. Whart. Crim. Ev., sec. 35. The…
2Cited by15 opinions
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- Bradshaw v. StateCourt of Criminal Appeals of Texas · 1917
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