Bailey v. State
| Decision Date | 27 April 1895 |
| Citation | 30 S.W. 669 |
| Parties | BAILEY v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Grayson county; Don A. Bliss, Judge.
R. L. Bailey was convicted of seduction, and appeals. Reversed.
Hazlewood & Smith, for appellant. Mann Trice, Asst. Atty. Gen., for the State.
The appellant in this case was convicted under an indictment charging him with seduction, and his punishment assessed by the jury at a term of three years in the penitentiary, and from the judgment and sentence in said case he prosecutes this appeal.
Appellant assigns that the court erred in permitting Mrs. Adeline Hardin to testify that on Monday evening, after the alleged seduction on Saturday night, Addie Hardin, the party charged to have been seduced, had taken a well rope from home, and tied it to a limb of a tree and around her neck, and jumped from the tree, and hung herself; that she missed her on Monday evening, and found her hanging by a rope from a limb of the tree. As this case was one depending upon circumstantial evidence, it would have been permissible to have shown the death of Addie Hardin, not the manner thereof, for the purpose of accounting for her failure to testify in the case. The circumstance of her death, to wit, by suicide, so shortly after the alleged act of seduction, would tend to prove no fact pertinent to the charge, and was barely hearsay, and was of that character which would greatly prejudice the defendant before the jury, and it should not have been admitted.
We believe that it was admissible for the state to show, as it did by the witness McMakin, that defendant, some months before the alleged seduction, told him that he intended to have carnal knowledge of Addie Hardin, but that he never intended to marry her, as this was testimony coming direct from the defendant, as a circumstance tending to show his intent to have carnal knowledge of her.
The testimony of the witness Taylor that, in the morning after the night when appellant was alleged to have seduced her, a lady (of whom he gave a description) told him, after breakfast, that she did not know why her husband did not return, and also the testimony of witness Eckels that he saw Addie Hardin on the streets of Van Alstyne on Sunday morning, after the alleged seduction on Saturday night, and that she asked him if he had seen Bailey (defendant), or knew what had become of him, were admissible for the purpose of identifying Addie Hardin as the person who had...
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...[partially overruled on other grounds in Hunter v. State, 85 Fla. 91, 95 So. 115 (1932) ], State v. Houx, supra, and Bailey v. State, 30 S.W. 669 (Tex.Cr.App.1895). Bynum held that testimony that the prosecutrix gave birth to a dead baby and 'never recovered from that birth,' that it 'left ......
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Murray v. State, 19986.
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