Legal Opinion

Gonzales v. State

Court of Criminal Appeals of Texas

Decided March 14, 1894No. 381PublishedCited by 13 opinions

This appeal is from a conviction for rape, wherein the punishment assessed is imprisonment for a term of twenty-five years in the penitentiary. The evidence for the State is fully shown by the testimony of the prosecutrix, Paula Boeck, which is as follows: My name is Paula Boeck. I live down by San Juan Mission. I was 15 years old last August. I know Marcarlo Gonzales; he is sitting right over there.

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This appeal is from a conviction for rape, wherein the punishment assessed is imprisonment for a term of twenty-five years in the penitentiary. The evidence for the State is fully shown by the testimony of the prosecutrix, Paula Boeck, which is as follows: My name is Paula Boeck. I live down by San Juan Mission. I was 15 years old last August. I know Marcarlo Gonzales; he is sitting right over there. (Witness points out defendant.) He is my brother-in-law, and has been married to my sister about three or four years. I have known him ever since he has been married to my sister. My father is…

1Opinion of the Court

DAVIDSON, Judge.

This conviction was for rape, the punishment being assessed at confinement in the penitentiary for a term of twenty-five years.

Appellant requested the court to instruct the jury, in effect, that the prosecutrix is a competent witness, but her credibility and the credence to be given her evidence is a matter for the determination of the jury, and her credibility depends upon the facts and circumstances adduced in evidence; and if her testimony is unsupported by other evidence, her credit would thereby be weakened; and while a conviction may be had upon her uncorroborated…

2Cited by13 opinions

  1. Conger v. StateCourt of Criminal Appeals of Texas · 1911
  2. Dobbs v. StateCourt of Criminal Appeals of Texas · 1907
  3. Hutchins v. StateIndiana Supreme Court · 1898
  4. Oliver v. StateCourt of Criminal Appeals of Texas · 1911
  5. Harris v. StateCourt of Criminal Appeals of Texas · 1912

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