Crocker v. State, 31915
| Decision Date | 18 May 1960 |
| Docket Number | No. 31915,31915 |
| Parties | Robert Leslie CROCKER, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
[169 TEXCRIM 601] Percy Foreman (on appeal only), Houston, for appellant.
Dan Walton, Dist. Atty., Carl E. F. Dally, Lee P. Ward, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The offense is statutory rape; the punishment, 30 years.
The prosecutrix was appellant's daughter. At the time of the trial she was 15 years of age and on the date of the alleged offense was 14 years old. Prosecutrix had a 12-year-old sister and a younger brother, 9 years of age. The three children lived with their father and mother in the city of Houston. The prosecutrix testified that on a certain day in December 1958, she stayed at home from school because of illness; that while she was there alone the appellant came home early from work around 3 P. M.; that appellant came to where she was lying on a couch in the living room and began feeling of her legs and breasts and then had an act of sexual intercourse with her. [169 TEXCRIM 602] Prosecutrix testified that appellant had on prior occasions had acts of intercourse with her, and when she was 12 years old he began fondling her breasts and private parts. Prosecutrix detailed how on prior occasions the appellant would get in the bed in which she was sleeping with her younger sister and fondle her private parts.
The prosecutrix' sister, upon being called as a witness by the state, testified that on occasions the appellant had placed his hands on her breasts and had put his mouth on her sexual parts.
Both the prosecutrix and her sister testified that appellant threatened to kill their entire family if they told of his acts and conduct. The prosecutrix testified that it was not until the month of March 1959, that she told her mother of appellant's acts. The sister testified that in February, 1959, she told the prosecutrix of appellant's acts and that later in the month of March, 1959, she told her mother. It was further shown that after telling their mother the prosecutrix and her sister both made written statements to the officers concerning appellant's acts and conduct with them.
Appellant's two written statements made to Betty Wells, a juvenile officer in Harris County after his arrest were introduced in evidence in which he admitted having sexual intercourse with the prosecutrix on the occasion in question and also admitted in such statements that the charges made against him by his two daughters were true.
Testifying in his own behalf, appellant denied having ever had an act of sexual intercourse with the prosecutrix and denied that he had ever fondled or committed an act of sodomy upon either of his daughters. Appellant testified to an alibi and stated that he signed the written statements because of certain promises made to him by the officers to whom the statements were made. The officer, Betty Wells, denied making such promises and the issue was submitted to the jury under appropriate instructions by the court in his charge.
The jury chose to accept the testimony of the state's witnesses and reject that of the appellant and we find the evidence sufficient to support their...
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Schuler v. State
...319 S.W.2d 109; Morris v. State, Tex.Cr.App., 330 S.W.2d 197; Allen v. State, Tex.Cr.App., 327 S.W.2d 765; and Crocker v. State, Tex.Cr.App., 336 S.W.2d 171. Remarks of counsel for the state during the introduction of evidence complained of should not have been made, but in view of the evid......
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Meadowes v. State, 35789
...to the man named Jim. In view of this similar testimony, admitted without objection, no reversible error is presented. Crocker v. State, Tex.Cr.App., 336 S.W.2d 171. Appellant's remaining complaint is to certain jury argument of state's In the state's opening argument, Prosecutor White stat......
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