· 11/28/1990
Scoggan v. State
Citations
- 799 S.W.2d 679
- 1990 WL 79087
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding defendant could not be convicted of sexual assault on the uncorroborated testimony of victim who was older than age fourteen at the time of the offense where the evidence failed to demonstrate outcry to third person within six months of the offense
- noting that the State is not bound by the date alleged in the indictment and may prove that an offense was committed before, on, or after date alleged, so long as the date proved is a date anterior to presentment of indictment and not barred by limitation
- noting that the State is not bound by the date alleged in the indictment and may prove that an offense was committed before, on, or after date alleged, so long as the date proved is a date anterior to presentment of indictment and not barred by limitation
- plain view doctrine does not authorize seizure of mere evidence not described in evidentiary search warrant
- when evidence shows two or more acts of intercourse, each of which constitutes offense, and indictment alleges only one offense, State required to elect act upon which it will rely to secure conviction if defendant moves for election
- “The State is not bound by the date alleged in the indictment . . . so long as the date proved is a date anterior to the presentment of indictment and the crime’s occurrence is not so remote as to be barred by limitation.”
Source: CourtListener parenthetical corpus (CC0).
Judges: White, Clinton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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