Medis v. State

Citations

• 27 Tex. Ct. App. 194
• 11 S.W. 112
• 1889 Tex. Crim. App. LEXIS 27

Syllabus

<p>1. Joint Offenders—Casks Approved—A Verdict against joint offenders on a joint trial, to be valid, must assess a separate penalty against each, offender. Flynn v. The State, 8 Texas Ct. App., 389, and Matlock et al. v. The State, 25 Id., 716, and Cunningham v. The State, 26 Id., 83, approved.</p> <p>2. Sodomy—Accomplice Testimony — Charge of the Court.—The rule that, in rape cases, requires that if the other proof in the ease tends to raise the issue of the female’s consent to the carnal act, she becomes so far an accomplice that, in order to warrant a conviction based upon her testimony, she must be corroborated, applies to sodomy cases; and if the evidence tends to show the consent of the prosecuting witness to the act of beastiality committed upon him, he must be corroborated. The proof in this case tends strongly to show the consent of the alleged injured party, who, upon the main issue, was the State’s principal witness; and in failing to instruct the jury with regard to the corroboration of an accomplice, the trial court erred.</p>