Williams v. State

Citations

• 1 Tex. Ct. App. 90

Syllabus

<p>1. Indictment—Variance.—An indictment for rape, after laying time and place, charged that the accused, “with force and arms, in and upon one Z. T., a female, violently and feloniously, did make an assault, and her, the said Z. T., then and there, violently and by force, and against he will, did ravish and carnally know,” etc. Held, that the indictment is good. The words “against he will” are surplusage, and the remaining allegations sufficiently charge the offense.</p> <p>2. Rape—Indictment.—The word “ravish,” when used in an indictment for rape, implies force, and that the sexual intercourse was against the will of the woman.</p> <p>8. Same—Charge op the Court.—On trial of an indictment charging a rape by force alone, the court below refused to instruct the jury that they could not convict on evidence that the act of intercourse was accomplished by threats or fraud; but, on the contrary, substantially instructed them that, if accomplished by force, or by threats or fraud, they could convict. Held, error. The Penal Code distinguishes between the different means-by which the offense may be accomplished, and treats each of them as a separate, substantive act, independent of the other; and, therefore, it was not competent to indict for a rape by force, and convict on evidence establishing a rape accomplished by threats or fraud.</p>