Ballentine v. State

(dissenting).—I believe my brethren are in error in affirming the judgment, and therefore file reasons for my dissent.

A report of this case on a former appeal will be found in volume 52 Texas Crim. Rep., 369; 107 S .W., 546. The case is practically the same on the facts as on the former appeal, except that on this appeal it is made to appear that, at the time that the State’s evidence shows appellant entered the room of the prosecutrix, that her two daughters, respectively 19 and 17 years of age, were sleeping in the room. The former appeal shows that the husband was also sleeping within a…