Lights v. State

Citations

• 21 Tex. Ct. App. 308
• 17 S.W. 428
• 1886 Tex. Crim. App. LEXIS 136

Syllabus

<p>1. Assault with Intent to Rape.—Indictment conforming to Ho. 368 of Willson’s Criminal Forms is sufficient to charge an assault with intent to commit rape.</p> <p>3. Practice—Evidence—Case Overruled.—Por the purpose of discrediting a witness, it is competent to ask him if he has ever been confined in the penitentiary for crime, and he can be required to answer. In so far as it announces the contrary doctrine, the ease of The State v. Ivy, 41 Texas, 36, is overruled. See the opinion in extenso on the question.</p> <p>3. Same.—It is a rule of evidence that, in prosecutions for rape, or assault with intent to rape, “recent complaint of the person injured, her state and appearance, marks of violence, and the condition of her dress shortly after the alleged occurrence, may be proved as original evidence.” See the opinion in extenso for evidence held, under this rule, to have been properly admitted.</p> <p>4. Same—Charge óe the Court.—It is not required that the charge of the court shall embody the statutory definition of the offense, provided the constituent elements are so charged that the jury are required to find their existence as a prerequisite to conviction. In this ease the jury, after being correctly charged as to what would constitute an assault, were instructed That, “ where a male person makes an assault on a woman, with intent then and there, by force, to have carnal knowledge of such woman, without the consent, and against the will of the woman, such assault would be an assault with intent to rape.” Held sufficient to charge the cardinal elements of rape.</p>