Duckworth v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Collin. Tried below before Hon. J. E. Dillard. Appeal from a conviction of rape upon a female under the age of fifteen years; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with rape upon Hora Rogers, a female under the age of fifteen years and not the wife of appellant.
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Appeal from the District Court of Collin. Tried below before Hon. J. E. Dillard. Appeal from a conviction of rape upon a female under the age of fifteen years; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with rape upon Hora Rogers, a female under the age of fifteen years and not the wife of appellant. The date of his alleged offense was stated to be on or about the 15th day of July, 1899. The opinion states the material evidence in the case.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of rape, under an indictment charging that offense, upon a girl under fifteen years of age, and given five years in the penitentiary.
B. D. Rogers (father of prosecutrix) was permitted to testify that two certain letters were in the handwriting of defendant. Among other things he stated that he found the letters in the possession of his daughter Cora at his barn, and Cora said the letters came from Vol Freeman. Fora Rogers (prosecutrix) never saw the letters. He thought, but was not sure, he had seen appellant write, nor could he state time or…
2Cases cited1 opinion
- Davis v. StateTexas Supreme Court · 1875
3Cited by5 opinions
- Johnson v. StateCourt of Criminal Appeals of Texas · 1969
- Galaviz v. StateCourt of Criminal Appeals of Texas · 1917
- State v. GundersonNorth Dakota Supreme Court · 1913
- Brewer v. StateCourt of Criminal Appeals of Texas · 1923
- Foster v. StateCourt of Criminal Appeals of Texas · 1928