Mercer v. State

Citations

• 17 Tex. Ct. App. 452
• 1885 Tex. Crim. App. LEXIS 14

Syllabus

<p>1. Incest — Consent.— The question of the consent of the female does not necessarily enter into the composition of the offense of incest, but a prosecution for that offense can be maintained upon proof that establishes either her consent or non-consent to the carnal intercourse. See the opinion in extenso for a discussion of the principle.</p> <p>8. Same — Accomplice Testimony — Charge or the Court.— If the female with whom thb incestuous intercourse is alleged to have been had is shown to have knowingly, voluntarily, and with the same intent which actuated the accused, united with him in the commission of the offense, she is an accomplice in the crime, and her uncorroborated testimony is insufficient to support a conviction of the accused. On the other hand, if the evidence shows that, in the commission of the incestuous act, she was the victim of force, threats, fraud or undue influence, so that she did not act voluntarily, and did not join in the commission of the act with the same intent that actuated the accused, then she is not an accomplice, and a conviction might stand even upon her uncorroborated testimony. The charge of the court announcing the law in conformity with this rule was correct, and there was no error in refusing special charges on the subject, requested by the accused.</p> <p>3 Same — Fact Case.— See the opinion and the statement of the case for evidence held sufficient to establish the status of the prosecuting witness as an accomplice, and for evidence held sufficient to corroborate her testimony and support the conviction.</p> <p>4. Same — Privilege of Counsel.— See the opinion in extenso for circumstances under which the prosecuting attorney did not abuse his privilege of argument.</p>