Pless v. State

Citations

• 23 Tex. Ct. App. 73
• 3 S.W. 576
• 1887 Tex. Crim. App. LEXIS 34

Syllabus

<p>1. Practice—Charge oe the Court correctly omits requested instruc- • tions when it comprehends within itself all the law of the case.</p> <p>2. Assault to Rape—Fact Case.—See the statement of the case for evidence held insufficient to support a conviction for assault to rape.</p> <p>3. Same—Evidence.—No testimony should be rejected in a rape case which, in the remotest degree, will tend to aid the jury in reaching the truth. In this case the State offered a medical witness who examined the privates of the alleged injured party, five weeks after the alleged offense, but, upon objection by the defendant, the evidence was rejected. Held, that, though somewhat remote in point of time, the evidence should have been received as tending to throw light upon the transaction.</p>