Fredrickson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Rusk. Tried below before Hon. Richard B. Levy. Appeal from a conviction of rape; penalty, death. Appellant was indicted for rape upon Thaddie Hart, a female so mentally diseased as to have no will to oppose the carnal act, he, appellant, knowing her to be so mentally diseased. Appellant is a negro about 70 years old, the prosecutrix is white and about 17 years of age.
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Appeal from the District Court of Rusk. Tried below before Hon. Richard B. Levy. Appeal from a conviction of rape; penalty, death. Appellant was indicted for rape upon Thaddie Hart, a female so mentally diseased as to have no will to oppose the carnal act, he, appellant, knowing her to be so mentally diseased. Appellant is a negro about 70 years old, the prosecutrix is white and about 17 years of age. It was proved that the prosecutrix was very weak minded and did not know right from wrong, and that appellant knew that fact. That she was three months gone in pregnancy at the trial. Appellant…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of rape, and his punishment assessed at death. The indictment alleges the rape to have been committed on prosecutrix, Thaddie Hart; she, the said Thaddie Hart, being then and there so mentally diseased as to have no wiR to oppose the act of carnal knowledge; defendant then and there well knowing her to be so mentally diseased, etc.
By the first bill of exceptions, he calls in question the action of the court in permitting the witness Dr. Crane to state that from his examination of the prosecutrix as a physician, and based on his knowledge of her maimer…
2Cases cited3 opinions
- Kugadt v. StateCourt of Criminal Appeals of Texas · 1898
- Spangler v. StateCourt of Criminal Appeals of Texas · 1900
- Anderson v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by14 opinions
- Dunn v. StateCourt of Criminal Appeals of Texas · 1986
- Davis v. StateCourt of Criminal Appeals of Texas · 1908
- Anderson v. StateCourt of Criminal Appeals of Texas · 1923
- Taylor v. StateCourt of Criminal Appeals of Texas · 1907
- Rosa v. StateCourt of Criminal Appeals of Texas · 1920
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