Wilson v. State

Citations

• 17 Tex. Ct. App. 525
• 1885 Tex. Crim. App. LEXIS 24

Syllabus

<p>1. Rape—Evidence.— While it is competent in prosecutions for rape for the accused to impeach the reputation of the prosecutrix for chastity, not to justify or excuse the offense, but to raise a presumption that she yielded her consent and was not in fact forced, the rule is limited to general reputation, and to acts of illicit intercourse with the accused alone, and is not extended to specific acts with other persons than the accused.</p> <p>3. Same.— That the prosecutrix had, previous to the alleged rape, given birth to an illegitimate child, was competent evidence to prove general reputation for chastity, and it was error, in the first instance, to exclude such evidence. Bnt, inasmuch as at a subsequent stage of the trial the same evidence was elicited from the same witness, the error, so far as it was calculated to prejudice the accused, was cured.</p> <p>' 8. Same — Case Stated.—Whilst the witness called by defendant to testify as to the illegitimate child of the prosecutrix was on the stand and after the court, on the State’s motion, refused to admit evidence on that point, the defendant asked the witness what had been the reputation of the prosecutrix for chastity before and since the birth of the bastard child, to which the witness answered that her general reputation for chastity had always been good so far as he knew. Subsequently, when the prosecution introduced evidence to support the reputation for chastity of the prosecutrix, the defendant objected upon the ground that he had not impeached the character of the prosecutrix for chastity. In overruling this objection, the judge, in the hearing of the jury, remarked that if the defendant had not so impeached her character, he had attempted to do so and failed. Held, that this remark was not such a violation of the rule prescribed by article 739 of the Code of Criminal Procedure, to the effect that, in ruling upon the admissibility of evidence, the judge shall not comment upon its weight, etc., as to warr