Montresser v. State

Citations

• 19 Tex. Ct. App. 281
• 1885 Tex. Crim. App. LEXIS 189

Syllabus

<p>1. Rape—Evidence — Case Approved.— In Gazlev’s case, 17 Texas Ct. App.» 267, a rule of evidence was correctly laid down as follows: “ Though there may he a conviction for rape upon the uncorroborated testimony of the injured female, notwithstanding she be a child under the age of ten years, it is in that respect a case requiring special scrutiny by the jury, and a careful weighing of the evidence, with all remote and near circumstances and probabilities. In all such cases extraordinary effort should be made to secure circumstantial evidence tending to confirm the main witness.” See the opinion in extenso for a case to which the rule is applicable, and the statement of the case for evidence held insufficient to support a conviction for rape.</p> <p>2. Same — New Trial—Newly Discovered Evidence.— See the statement of the case for newly discovered evidence held material for the defendant in a trial for rape of a female under the age of ten years.</p>