Blair v. State
| Decision Date | 11 April 1900 |
| Parties | BLAIR v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Bell county; John M. Furman, Judge.
Lewis Blair was convicted of rape, and he appeals. Reversed.
Robt. A. John, Asst. Atty. Gen., for the State.
Appellant was convicted for rape upon a female under the age of 15 years, and his punishment assessed at confinement in the state penitentiary for a term of 5 years. In the view we take of this case, we only deem it necessary to consider one question. The testimony of the prosecutrix in the first instance is in favor of the theory of the state. Then immediately she denies in toto the truthfulness of this statement, and states that appellant did not have carnal intercourse with her at any time. This leaves the record before us in such condition that we cannot permit the verdict to stand without other proof on the question of penetration, which is an absolutely essential requisite to all prosecutions for rape. See article 637, Code Cr. Proc.; Davis v. State, 43 Tex. 189. Because the evidence is not sufficient to support the verdict, the judgment is reversed, and the cause remanded.
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