Davis v. State

Citations

• 42 Tex. 226

Syllabus

<p>1. Bate. At Common Law, an indictment for rape mast charge that the accused “ did ravish ; ” the use of the noun “ rape,” instead of the verb “ ravish,” is insufficient.</p> <p>3. Rafe of a female under ten years of age. As carnal knowledge, with or without consent, of a female under ten years of age, is rape, the allegations of force and want of consent are immaterial, and mere surplusage, and if alleged need not be proved.</p> <p>3. Indictment. It is not necessary in an indictment for rape to charge that the accused was over fourteen years of age at the time of the offense; if under that age such fact is matter of defense.</p> <p>4. Penetration. See testimony, held inconclusive of guilt, as to penetration.</p> <p>5. Medical testimony should be had in investigations of cases of rape upon a female under ten years; an examination of the injured party should be had ; and every source of knowledge of the fact explored.</p>