Dusek v. State
Court of Criminal Appeals of Texas
The prosecutrix testified: “1 was in my thirteenth year in the fall of 1903. I was living with the defendant and my mother. The defendant is my step-father. He had been married to my mother a little more than a year. They lived together until sometime in October, 1903, when they separated and have not lived together since. On Sunday, about the 2nd of September, 1903, I was assisting defendant in loading some cotton, from a cotton-seed house in the field, onto the wagon.
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The prosecutrix testified: “1 was in my thirteenth year in the fall of 1903. I was living with the defendant and my mother. The defendant is my step-father. He had been married to my mother a little more than a year. They lived together until sometime in October, 1903, when they separated and have not lived together since. On Sunday, about the 2nd of September, 1903, I was assisting defendant in loading some cotton, from a cotton-seed house in the field, onto the wagon. I was in the crib and he was in the wagon taking the cotton as I passed it to him. He got out of the wagon and came into the…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of assault with intent to rape, and his punishment assessed at confinement in the penitentiary for a term of fifteen years; hence this appeal.
Appellant contends that the court erred in failing to limit in its charge the testimony of the witnesses John Barker and Dan Cass to the purpose for which it was introduced to wit: the impeachment of the witness Stallmarch. It appears that on the trial appellant proved by Dr. Stoeltge that the prosecutrix told him that the act of carnal intercourse involved in this charge occurred in the branch among some high…
2Cited by10 opinions
- Charles v. StateCourt of Criminal Appeals of Texas · 1917
- Brewer v. StateCourt of Criminal Appeals of Texas · 1923
- Dowlen v. StateCourt of Criminal Appeals of Texas · 1942
- Jones v. StateCourt of Criminal Appeals of Texas · 1913
- Carter v. StateCourt of Criminal Appeals of Texas · 1932
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