Court of Criminal Appeals of Texas· 4/14/1993

Elliott v. State

Citations

858 S.W.2d 478
1993 WL 109394

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that appellant‘s threat that he would kill the victim if she called police ―could reasonably be construed as demonstrating a consciousness of guilt‖
explaining that if assent is not given and “actor knows that the victim’s physical impairment is such that resistance is not reasonably to be expected, sexual intercourse is ‘without consent’”
explaining that if assent is not given and “actor knows that the victim’s physical impairment is such that resistance is not reasonably to be expected, sexual intercourse is ‘without consent’”
stating that, to establish nonconsensual sexual activity under subsection (b)(3), evidence must show (1) lack of “consent” as defined in Penal Code section 1.07, that is “assent in fact, whether express or apparent;” and (2
finding evidence that complainant was unconscious due to voluntary intoxication sufficient to prove lack of consent
discussing evidence supporting finding of lack of consent “where assent in fact has not been given”

Source: CourtListener parenthetical corpus (CC0).

Judges: Baird, Clinton, III, Maloney, Meyers

Read full opinion on CourtListener

Cited by

53 cases in this archive cite this case; the 20 most cited are listed.

Cites

57 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.