Ellis v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Falls. Tried below before Hon. S.R. Scott. Appellant was tried upon an indictment charging him with rape upon the person of one Patsy Mitchell, and was convicted, the punishment being assessed at a term of imprisonment in the penitentiary for fifty years.
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Appeal from the District Court of Falls. Tried below before Hon. S.R. Scott. Appellant was tried upon an indictment charging him with rape upon the person of one Patsy Mitchell, and was convicted, the punishment being assessed at a term of imprisonment in the penitentiary for fifty years. The evidence discloses that the rape was committed on Saturday night, April 15, 1893. Patsy Mitchell is shown to have been a very old woman, with “not a tooth in her head,” while appellant, according to his own testimony, was something over sixteen -years of age. When Patsy Mitchell arrived at home “her…
1Opinion of the Court
DAVIDSON, Judge.
1. This conviction was for rape, the assessed punishment being fifty years in the penitentiary. By a witness defendant offered to prove, “that he knew the prosecutrix, and knew that she was generally regarded in the neighborhood in which she resided as a person not having good sense.” This testimony was properly rejected. Insanity can not be proved by general reputation. Further, by the same witness, he proposed to prove that he “had known the prosecutrix for a number of years, and knew her well, and knew that she did not have good sense, and that she was about half-crazy.”…
2Cited by7 opinions
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- Burton v. StateCourt of Criminal Appeals of Texas · 1907
- Whatley v. McKannaCourt of Appeals of Texas · 1948
- Wilson v. StateCourt of Criminal Appeals of Texas · 1910
- Betts v. StateCourt of Criminal Appeals of Texas · 1905
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